Police report says Falls Park drowning victim couldn’t see or hear river before she fell

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SIOUX FALLS, S.D. (KELO) — Before a trial date can be set, a judge will need to decide whether to move forward with a lawsuit against the city of Sioux Falls.

Courtney Jayne, is suing the city – claiming it should have done more to protect her daughter who drowned at Falls Park. Five-year old Maggie Zaiger fell into the water on March 18, 2018. A witness said she was trying to play with the foam that was built up on the river.

Attorneys on both sides of the case have filed several documents this week. In addition to reports, depositions and photos taken just minutes before Maggie fell in, the attorney for the city also filed paperwork asking that the judge dismiss the case.

The latest documents filed Thursday include the full deposition of the lead detective in the case. Timothy Bakke described the area of the park where Maggie fell in as “calm, quiet and serene.” According to the police report, “It was impossible to see the rocks fell away three to four feet from where she was standing. There was no water that was able to be seen from where she was standing… the noise from the falls was not able to be heard.”

We will continue to monitor the filings and will let you know what the judge decides.

Copyright 2019 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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