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  • Child Found In Pool Identified Save Email Print
    Back yard did not have proper fencing
    Posted: 10:13 AM Aug 18, 2008
    Last Updated: 8:12 PM Aug 18, 2008
    Email Address: sixonline@wowt.com

    A | A | A

    Authorities Monday identified the child who drowned in a back yard Bellevue swimming pool as 2-year-old Katie Ramirez.

    Katie was found less than an hour after she and her 14-year-old mentally challenged aunt were reported missing at 2:35 p.m. Saturday. The owners of the pool at 301 Garden Avenue were not home at the time.

    The older girl was located near the No Frills supermarket at 1510 Harlan Drive. Police found Katie in the pool at 3:11 p.m. It did not have a proper fence. Bellevue Police say the owners have not yet been ticketed.

    Investigators say the two girls had left a home where they were being cared for by Katie's grandmother.

    The tragedy has brought up the issue of what's required of private pools.

    You just can’t walk into Linda Dworak’s back yard in La Vista. It's been that way for 22 years because Linda has a pool in her back yard. She had to rethink her safety procedures after she heard the news of the toddler’s death.

    "Makes you sick, makes you think okay, am I doing everything I can possibly be doing ‘cause we have a grandson that just turned two and we've been rethinking things that before he starts wandering around, what else we should do.”

    Linda seems to have everything in place: A high fence with locks on the doors, plenty of safety equipment and two of the most important things, watchful eyes.

    "We never let kids back here without an adult. The youngest kids that come back here are my niece and nephew, are 10 and 11 and they have had swimming lessons and they never come back here by themselves.”

    Linda works hard to keep her pool beautiful and safe for everyone in her neighborhood and the National Safety Council agrees all the safety procedures in the world are great, but good old-fashioned parenting is better.

    "The most important thing is proper supervision so regardless if you follow all the ordinances on your fence, height, latch the fence, you must keep an eye on your children all the time, although it’s very difficult," says the Safety Council’s Tim Tichy.

    It might be difficult, but for 22 years, Linda has watched all five of her children and now she’s preparing to keep her grandchild safe.

    Channel 6 News checked the regulations in several metro communities and they do vary a little. However, all require a five-to-six foot fence that cannot be climbed.

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    Posted by: Maddie on Sep 14, 2008 at 10:59 AM
    How sad!

    Posted by: sam on Aug 31, 2008 at 10:06 AM
    Linda is my Aunt and she keeps her pool very safe!

    Posted by: veronica on Aug 27, 2008 at 08:53 PM
    :( RiP BABi KATiE..WoW .. iT STiLL DiDNt HiT Me DaT YOo WERe GONe/UNTiL i SAW U LAYiN DeR iN UR CASKeT N iT HiT Me HARD..iT FElT LiK MA HEART FeLL N SToP.♥ U KATie PARA SiEMPRe (4EVER N EVER) We WiLL KeeP PRAYiNG FOR YOo HONeY! We PROMiSe TO HeLp UR PAPi N MOMMi Be HAPPi BUT WERe GONNA MiSS You.. We ALL ARe..! (Her COUSiN VERONiCA)

    Posted by: S on Aug 24, 2008 at 10:06 AM
    Sad as it is,too may drownings in the last few years. Just try and be proactive instead of reactive and don't always rely on city code to do the thinking for you - like its been posted here many times - just try and ask yourself what more can I do to eliminate the possibility - watch your kids like a hawk and keep doors locked. God Bless!

    Posted by: Chieftain on Aug 22, 2008 at 06:27 PM
    Judy, that sounds like a fantastic idea. However, the pool and backyard had inspections in 1989 when the pool was constructed, 1996 when the current owners bought the house, and in 2000 when the room next to the pool seen in the pictures and video was added. The city had ample opportunity to inform the owners that the fence was not up to code.

    Posted by: Judy on Aug 22, 2008 at 05:59 AM
    Our prayers go out to all involved. As we move on from here, it should not be about blame. We should concentrate our efforts on how we keep this from ever happening again. Perhaps a special license should be required to have a pool in your back yard....that would give the city an opportunity to inspect the property before issuing the license to be sure the area is safe. There are websites that show an aerial view of every backyard in America...that would assist in arriving at compliance. This is just as important as a building permit.

    Posted by: Kenya on Aug 21, 2008 at 01:19 AM
    First off you charge a lady for putting her child in a seat belt and not a car seat!Then a baby drowns in a pool and no charges!!!! IT'S THE SAME THING A CHILD LOST THERE LIFE DO TO NEGLEGENTS.

    Posted by: Mom on Aug 20, 2008 at 06:40 PM
    I am Katie's mom. THERE IS NO ONE TO BLAME. Kids always wonder around and sometimes 5 seconds of not looking they can wander around plus it was too noisy with the planes and was not easy to hear a door opening. It was her destiny. There were people that were looking for them who walked multiple times by the house. Please don't judge anybody because by posting you are only making every thing hurt more. THANKS FOR THE SUPPORT AND PLEASE GIVE US PEACE OF MIND. The news have been completely distorted no outsider knows what the reality was.

    Posted by: PW on Aug 20, 2008 at 06:23 PM
    Jarbeau an accident is defined as "an unforeseen or unplanned event." I very much doubt that when this pool was installed, prior to the current owner's occupancy and therefore subject to a grandfater clause under Bellevue pool code, the aim wasn't for an unsupervised two-year-old to drown in it. Just because something is caused by human error does not disqualify it from being an accident. To say so is ridiculous.

    Posted by: Jarbeau on Aug 20, 2008 at 01:35 PM
    Teri, now you are done judging others, note that police no longer call car crashes accidents, they call them crashes. They are not accidents, they are caused by human error. This poor child's death also was caused by human error. It was not an accident, it was neglect by multiple parties.

    Posted by: K Ols on Aug 20, 2008 at 01:01 AM
    As I understand the code no one is grandfathered when it comes to pools. You must be up to code period. Further, a pool is considered an attractive nuisance. When it comes to children coming in your yard the law is a bit unfair because even when you are not home you are liable for any accident to any child under the age of 13. Children under that age aren't considered of the age of reason.

    Posted by: blame game on Aug 19, 2008 at 07:29 PM
    Why is it that no one has to watch their children any more. I do feel so bad for the family of the child, so very bad. But where was her caregiver? The owners of the pool did nothing wrong, and no one should have to have a six foot fence because no one wants to be responsible for taking care of their children any more. The pool was in a private yard, it had a fence. WATCH YOUR CHILDREN.

    Posted by: Michele on Aug 19, 2008 at 11:24 AM
    My prayers are with everyone involved. This is a life-altering tragedy for all of them. Compassion and prayers are what they all need at this time.

    Posted by: Teri on Aug 19, 2008 at 10:12 AM
    I can't believe how many perfect people there are in Omaha/Bellevue. This could have been prevented but none the less it was still an accident. People just love to judge other people and find fault or blame. Learn from this and worry about yourself and thank God that this didn't happen to you or your loved one.

    Posted by: Traci on Aug 19, 2008 at 02:30 AM
    My heart goes out to all those involved. The homeowners, the aunt, the 14yr old, and mostly Maria and Luis. No ticket or arrest will bring Katie back. She has left us all with the harsh reminder that worst scenerios can happen. Your big brown eyes and contagious smile will be missed. I am glad to have been a part of your life. God Bless.

    Posted by: Garbear on Aug 18, 2008 at 11:49 PM
    I too feel this is an unfortunate accident. Grandfathered or not, I know as a pool owner,I make every effort to ensure all safety precautions are reviewed and observed. I installed a fence which attaches to the upper portion of the pool, as well as a retractable ladder. Last time I checked with the city of Bellevue this fullfilled the requirement for six feet or hight fencing. Again, unfortunate as this is,I ask that all pool owners review the current safety standards. My heart goes out to this family. God bless you.

    Posted by: Terry on Aug 18, 2008 at 11:39 PM
    Tragic...Yes, but it happened in Bellevue. Bellevue is in Sarpy County, which means it won't be long til Sarpy County Attorney Lee Polikov brings the hammer down. This is the guy who doesn't believe in accidents....bottom line! So under his strict, no exception rule, it wouldn't surprise me if everyone goes to jail. The parents, the babysitter, the pool owner, the pool manufacturer,the fence manufacturer, and both the gate and gate lock companies. Heck, he might even file charges against MUD for providing the water that was in the pool.

    Posted by: Grandfathered.... on Aug 18, 2008 at 10:28 PM
    if the pool was grandfathered then the homeowners knew their pool wasn't up to 2008 code & I do think that makes them not at all responsible for the accident, but they should have thought about keeping the pool up year after year with out trying to fence it in properly...and just for this reason. There are TONS of people who don't watch their kids & blame everything on everyone else...I think the people should have put in a taller fence, but it isn't their fault. This one is squarely on the adults "watching" the 2 girls.

    Posted by: me on Aug 18, 2008 at 10:23 PM
    thought it was code to have a fence around a pool. this is why i don't have a pool and never let my kids out of my sight, they require constant supervision. pools should have fences, but it makes you nervous as a homeowner that someone can trespass on your yard fall out of an oak tree and you'd be liable.

    Posted by: Brian on Aug 18, 2008 at 10:10 PM
    Apparently a lot of people are now calling in to the city offices to report people with pools in their yards with potentially not enough fence height.. This is typical Omaha....Omahan's rubberneck in every way possible. On the highways when there is an accident on the other side of the road entirely, traffic stops and now with this unfortunate accident, Omaha has to get their nose involved in it in every way possible. Let the victims family and the pool owner get through this in peace people!

    Posted by: Anonymous on Aug 18, 2008 at 09:18 PM
    This is NOT an ACCIDENT, and calling it such is a gross insult to the dead child. Both the caregiver and pool owner should be charged/ticketed.

    Posted by: friend in bellevue on Aug 18, 2008 at 08:36 PM
    I know these people, there pool was under a grand-father clause by the city of bellevue.This was unfortunate for both parties. No one will ever know what was going thru those childrens minds. Be blessed that this did not happen to one of your children or on your property. This just goes to show that we all need to be more aware when children of this nature are living in our surrounding areas.

    Posted by: Brian on Aug 18, 2008 at 07:20 PM
    Our prayers are with Maria and her entire family. Katie was such a beautiful little girl.

    Posted by: Neighbors of Garden Ave. on Aug 18, 2008 at 04:56 PM
    The mom and grandma of these young ladies live in our neighborhood. She is a fabulous and caring woman. Mind your business!! It was a freak accident! It could have happened to anyone? Gosh, can anyone be sincere? Garden Ave neighbors are praying for both families involved.

    Posted by: Terri on Aug 18, 2008 at 04:53 PM
    My Prayers are with the entire family. how sad I blame no one.

    Posted by: chuck on Aug 18, 2008 at 04:50 PM
    The entire incident is unfortunate. I agree w/the comments about it not being any specific persons fault. All we can do is learn from it. As far as the pool is concerned, it's not right to blame the pool owner because if you think about it, this could have been a lake, a pond, a fountain/water feature in a backyard, etc. This just proves that parents need to watch their kids closely and pools, trampolines, etc. etc. are not safe in our own backyards. Everything from high decks, pools, playhouses, easy to climb trees, etc. are all liabilities...and also the rights of homeowners. I have seen several pools without fences around them... This one at least had a fence... If the fence was 6 ft or 20 feet, The child would have gotten to the pool either way... I have kids and they're sometimes, unfortunately unstoppable.

    Posted by: Well... on Aug 18, 2008 at 04:42 PM
    The blame should start with the grandmother...she lost her granddaughter & an 11 year old. THey walked quite a way also. THe pool may not have been up to code with the fence, which is unfortunate, but grandma was supposed to be watching them. I don't feel there should be any liability on the pool owners fault, but he should be made to make the pool up to code or take it down. Also had any of the neighbors had a problem with the pool they could have called the city & or told their neighbor about the rules and or their concerns. It is horrible that the child is dead, but it is the grandmothers fault. The pool owners life shouldn't be ruined over it. I am sure they are devistated.

    Posted by: amanda on Aug 18, 2008 at 03:37 PM
    wow all the way at no frills? thats quite a ways for a mentally challenged teenager to be wandering by herself.

    Posted by: Amber on Aug 18, 2008 at 03:29 PM
    My daughter was this little girl's friend at daycare. Please pray for the family. She was a wonderful, joyous child!

    Posted by: G on Aug 18, 2008 at 02:45 PM
    It's easy to point things out after the fact. How sad. My heart goes out to the family.

    Posted by: Anonymous on Aug 18, 2008 at 02:05 PM
    everyone just needs to mind their own business. it wasn't the pool owner's fault, it was NOBODY'S fault. the family of the little girl are obviously devastated and so are the owners of the pool. they have to live with this for the rest of their lives. Leave them alone.

    Posted by: To MOM on Aug 18, 2008 at 01:55 PM
    Who do you suggest they start with, Mayor Fahey. Takes a quality caregiver to trust a two-year-old to a fourteen-year-old who is mentally challenged.

    Posted by: terry on Aug 18, 2008 at 01:03 PM
    There's a reason you have to put up a 6 ft fence if you put in a pool folks. It is obvious from photo that is NOT. What's the liablity for homeowner of pool?

    Posted by: Sarah on Aug 18, 2008 at 12:11 PM
    If you own a pool that size aren't you supposed to have a locked privacy fence?

    Posted by: MOM on Aug 18, 2008 at 10:40 AM
    How tragic. My heart goes out to Katie's family. Where was the Grand Mother? I am sure the blame will start with her and the parents of course Sad.

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