Burley Garcia|'I'm drowning': Black teen cried for help as white teen tried to kill him, police say

A 14-year-old boy is Burley Garciafacing charges including attempted murder after police in Massachusetts say he tried to drown a Black teen in a "racially motivated" attack.

The attack took place July 19 at the typically peaceful and scenic Goose Pond in Chatham when the defendant allegedly called the other boy racial slurs, threw stones at him and tried to drown him, the Chatham Police Department reported.

Chatham is a seaside town at the southeast tip of Cape Cod.

Cape and Islands District Attorney Robert Galibois said a Barnstable County grand jury indicted the defendant, a town local, on the felony charge on Aug. 31. The teen, charged as a youthful offender, was also indicted on one count of assault with a dangerous weapon.

Under Massachusetts state law, prosecutors can seek an adult sentence if an indicted youthful offender is convicted of the crime.

Galibrois called the incident a “racially motivated” attack, the Cape Cod Times, part of the USA TODAY Network reported. According to the documents obtained by the Times, on the day it took place, two white juveniles called the victim "George Floyd," referring to the Black man who died in Minneapolis police custody in 2020.

The name of the defendant was released in court records, but the USA TODAY Network is not naming the boy because he is a minor.

Attorney: Horseplay 'taken to the next level'

At the time of the attack, Kevin Reddington, the defendant's attorney, said his client was living with his mother in Fort Lauderdale, Florida, after his parents, who lived on the Cape, had recently gone through a divorce.

The boy was ordered held without bail after a hearing in Barnstable Juvenile Court the same day he was indicted.

"He was... starting his freshman year in high school, on the football team, and he's been ripped out of the high school and is now being held in a detention facility in Taunton," Reddington said. "These kids were all friends, they knew each other. It was horseplay that obviously was taken to the next level."

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Victim could not swim, police say

According to a police report, the victim went to the police alone on July 21 and reported "two of his friends tried to drown him."

The victim told police he met the defendant and another boy at the pond about 3:30 p.m. and while there, the defendant told the other boy to “take (the victim's) bike and ride it into the pond,” an officer wrote in the police report. The victim told the pair that the bike belonged to his brother and said not to ride it, the report continues, at which time both the suspect and the other juvenile began to throw stones at him.

At one point, the victim put on a life jacket because he could not swim and got into the water and the defendant "continued to throw rocks at him, threatened to beat him up." and called him racial slurs, according to the police report. 

'I'm drowning'

While in the water, the victim told the defendant he was afraid of drowning and that he could not swim, the police report continues.

While all three were in the water, the defendant pulled on the life jacket the victim wore and submerged him four or five times, causing breathing distress, officials reported. The third boy laughed and called the victim "George Floyd," and the incident continued when the defendant dove underwater and attempted to pull the victim underwater by his feet, officials said.

At one point, according to the police report, the defendant allegedly asked the victim if he “liked his life.”

“I can’t once I’m drowning,” the victim responded, than began yelling for help as the defendant, the report continues, continued to shout derogatory names

The incident ended when the victim called for help and a bystander − one of six people on the beach − went into the water and helped him to shore, police reported.

The victim told police he packed up his belongings and left.

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Attorney plans to appeal detention

When reached by the USA TODAY Network, the defendant's father declined comment.

Massachusetts law allows for the indictment proceedings of a youthful offender to be open to the public in the same manner as an adult criminal offender’s records.

Reddington said his client is being held in juvenile detention for 120 days. He said he plans to appeal the case to the Barnstable Superior Court.

"This is a significant overreach by the D.A.," Reddington said, adding the charge has caused "irreparable harm" to his client.

The incident ended when the Black youth called for help and a bystander went into the water and helped him to shore.

'This impacts all of them'

Cape Cod civil rights advocates praised the police response and called on the community to teach children tolerance and the history of violence against Black people in hopes of creating a safer environment.

“The first thing I think about is the communities of color on the Cape and how something like this impacts all of them," said Jeff Spalter, a Chatham summer resident and a member of the MLK Task Force Conversations with Police subcommittee, part of the Nauset Interfaith Association. "I worry about how they go about every day and feel secure and protected."

Jeanne Morrison, a civil rights activist in Hyannis, also applauded police response.

"It is very important for the community to realize what's at stake here... our kids are learning about violence and especially racial violence," Morrison said, referring to the movement against children learning about equity and inclusion in schools.

The Chatham Select Board also condemned the alleged attack and promised action.

“We are disturbed and saddened to learn of the event that occurred earlier this summer between juveniles,” the board released in a statement. “The Town and our Police Department have a strong relationship with the Monomoy Regional School District, and we will be working together proactively to deter events such as this from taking place in the future.”