Boy, 5, drowned in daycare pool after YMCA let THIRTY EIGHT children into water with one lifeguard - even though many of them couldn't swim, $20M lawsuit alleges

The YMCA has been slammed with a $20 million lawsuit after a 5-year-old boy drowned in the deep end of their daycare pool while just one lifeguard watched all 38 children. 

Auston Wingo Jr., 5, was at a daycare program at the YMCA in Pulaski County, Virginia, on December 6, 2021, when tragedy struck.

The little boy was swimming in the pool amongst nearly 40 other children - some couldn't even swim - while just one lifeguard was on duty.

According to a lawsuit filed on December 4, Auston was never given a flotation device or a swim test before he got in the pool - which left him fending for himself when he ended up unsupervised in the deep end.

Auston was found 'floating face down underwater' by two other children, according to the complaint.

The five-year-old later died in hospital from drowning injuries - with one of his lungs being 'completely full of water,' legal documents said.

Neither the lifeguard on duty or the three other daycare workers watching the 38 children noticed Auston struggling in the eight-feet deep end.

The family's attorneys Dirk Padgett and Steve Baker said the child was 'ignored, unattended, forgotten and neglected.'

Padgett and Baker filed the $20 million lawsuit on behalf of the Wingo family against the YMCA in Pulaski County and the employees involved.

They are seeking $15 million in compensatory damages and $5 million in punitive damages and additional costs and interest, according to the complaint. 

An investigation into the drowning showed that Auston's death was not an 'intentional act'.

According to investigators - one of the three daycare workers had taken some children to the bathroom while the remaining two were left to watch the 'larger than normal' crowd of kids in both the shallow and deep end of the pool.

There were reports that the lifeguard on duty was distracted by her phone while Auston was drowning - she has been named as a defendant in the case.

The complaint said she had an 'unobstructed' view of the area of the pool where Auston was struggling to stay above water.  

Auston 'frantically fought for his life in eight feet of water' and went under 'approximately thirty six feet in front of the lifeguard stand,' according to the complaint.

After the two children found Auston's lifeless body - one of the daycare workers finally pulled the little boy out of the deep end.

When Pulaski police officers showed up at the YMCA - Auston was unresponsive. He was airlifted to the nearby Roanoke Memorial Hospital and declared dead at 10:16 pm, according to police reports.

Dave Adkins - CEO of the YMCA - put out a statement saying staff members were 'devastated' by Auston's death.

'While we cannot comment on pending litigation, the Y takes all allegations of misdoing very seriously and are fully cooperating in all facets of the legal process,' Adkins said.

Attorneys for the YMCA told McClatchy News: 'While a tragedy occurred here, it did not occur for the reasons alleged in the lawsuit.'

Auston was a student at Critzer Elementary School - he was described as having an 'unshakable optimism' by those who knew him. 

Pulaski County Public Schools wrote on Facebook that it was 'devastated' by Auston's death the day after his drowning.

'Auston was a kindhearted kid who exhibited unshakable optimism and an incredible love for his family, especially his older sister Tatyana,' the district said. 'He will be missed far beyond what words can convey.'