MADISON COUNTY, Ala. (WHNT) — A 45-year-old man has been indicted by a grand jury in the drowning death of a toddler nearly one year after it happened, according to online court records.
Tony Allen Burks was initially charged with manslaughter in the death of 1-year-old Zaviah Garner following an incident on Memorial Day 2022.
A criminal complaint states that Burks was “grilling out” and was “under some substance” while Zaviah was in his care when he “allowed her in the pool area.”
Burks was arrested on June 20, 2022, and was booked into the Madison County Jail on a $30,000 bond. He was released the same day.
On April 14, a grand jury returned its indictment, saying Burks “did recklessly” cause the toddler’s death, by “consciously disregarded…a substantial and unjustifiable risk that his conduct would cause the drowning death of the infant victim.”
The indictment continued, “In doing so he consciously did some wrongful act and/or omitted a known duty of care which caused the death of [Zaviah].”
An arraignment has been scheduled for July 20, with a jury trial set for August 14.