DENNIS ODA / DODA@STARBULLETIN.COM
Dimitri Melnyk, left, and his father, Peter, installed a 6-foot-tall vinyl fence yesterday around the "flood control" sump near the Navy housing on the Pearl City peninsula.
Navy building fence
after drowningAn investigation finds a
clogged pipe is partly to blame
Pearl Harbor officials are building a permanent chain-link fence around a rain catchment pond where a 5-year-old girl drowned last month.
CORRECTION
Friday, April 2, 2003>> Pearl Harbor officials are installing a permanent vinyl fence around a catchment pond where a 5-year-old girl drowned Feb. 28 while trying to save a 3-year-old friend. A story on Page A3 in yesterday's early edition incorrectly stated the fence was chain link and that the friend was 7. The family of the girl who drowned is represented by attorney Rick Fried. His name was misspelled as Freed in yesterday's early edition. Also, the Navy is installing a similar fence around a catchment pond at the Dorie Miller naval housing complex in Moanalua. The name of the housing complex was misspelled at Dorey Miller.
The Honolulu Star-Bulletin strives to make its news report fair and accurate. If you have a question or comment about news coverage, call Editor Frank Bridgewater at 529-4791 or email him at fbridgewater@starbulletin.com.A preliminary Navy investigation also found that a clogged drainage pipe is partially to blame for the death of Charlotte Schaefers, who drowned on Feb. 28 while trying to save a 7-year-old friend.
However, Charlotte's family believes both the Navy and contractor, who built the Pearl City peninsula naval housing complex, could have prevented the accident.
Lt. Cmdr. Jeff Davis, a Navy spokesman, said yesterday that the new fence replaced a temporary orange plastic one that was installed a day after Charlotte drowned.
But attorney Rick Freed, hired by Navy Chief Petty Officer Scott Schaefers and his wife, Allison, a Star-Bulletin reporter, said the mainland contractor that built the housing complex and the Navy, which failed to adequately maintain the collection pond's drainage system, are equally liable.
"This accident was clearly avoidable," Freed said.
"There appears to be a significant disregard for the concern of the families to protect children playing in the area by fencing off the pond."
Freed said he also believes that Hunt Corp., of El Paso, Texas -- which was awarded the $26.4 million contract to construct the replacement homes on the Pearl City peninsula -- shares in the blame. He not only faults the Navy's decision not to erect a fence earlier, but also the faulty design of the drainage system and the way it has been maintained.
"It's not only a clear case of liability, but worse," Freed said.
He said neighbors have complained about the safety hazard for the past two years, but nothing was ever done.
"Some of them are multiple complaints," Freed said. "Many have kept detailed records. There also is video of past problems in the area."
Also criticizing the Navy of negligence is the Hawaii Federal Employees Metal Trades Council, a union that represents workers in the Pearl Harbor Naval Shipyard.
Davis said unusually heavy rains that February weekend were another contributing factor that turned the catch basin into a deep and muddy pond.
Davis said current building codes did not require permanent fencing. However, two fences will be erected at the Pearl City naval housing area, prompted by the drowning.
A similar collection pond at the Dorey Miller naval housing complex in Moanalua is now being built, and "a fence will be erected before people move in," Davis said.
Davis said the purpose of these "detention ponds" is "to collect rain water and allow sediments, like fertilizers, to settle out."
The Naval Criminal Investigation Service also is investigating the drowning, Davis said.
"Its initial investigation indicates there is no reason to suspect foul play," he said.
