“Mr. Carter has taken responsibility,’’ his lawyer, Joseph Silvia, said in Fall River District Court. “He has an unblemished employment record. He is not an individual who is going to appear back in court.’’
Shanahan’s lawyer, Thomas Dreschler, had similar comments about his client. “This man has accomplished a lot, and he is here attempting to put this matter behind him.’’
In admitting to sufficient facts, both defendants will have the charges against them dismissed after a year, if they remain out of trouble. If they are arrested during that time, they face up to a month in jail. Assistant Bristol District Attorney Patrick Bomberg had asked Cannone to find both men guilty and place them on probation for two years.
The ruling yesterday angered a close friend of Marie Joseph, 36, who drowned in the pool June 26.
“She was a wonderful woman and this didn’t need to happen,’’ Deborah Gutter told reporters. “I’m furious. . . . She’s gone, and no one can bring her back. Someone should pay for that.’’
Last October, an investigation by Bristol District Attorney C. Samuel Sutter concluded that Joseph drowned in the Vietnam Veterans Memorial Pool in Lafayette Park after a series of bad decisions left the water opaque when the pool opened last year.
Yesterday, Sutter responded to the outcome of the case, saying: “Although the sentences which the court pronounced were not exactly what we requested, nevertheless it is important to note that the defendants did admit their wrongdoing and the case has been resolved quickly. I think both the admissions and the quick resolution are positive for the community going forward.’’
The reckless endangerment charges had been prompted by the decision of Shanahan and Carter to open the pool for two days while Joseph’s body lay undiscovered at the bottom in the murky water, prosecutors said.
The two men were not charged with directly causing the death of Joseph, a Haitian immigrant who could not swim. Authorities said she disappeared underneath the water while lifeguards were on duty.
Authorities alleged that the actions of the two managers resulted in the poor condition of the pool, making it impossible for Joseph to see how deep the water was; it was 12 feet at the time. Prosecutors said the cloudy condition of the water made it impossible for lifeguards to see her body underneath.
The men faced the reckless endangerment of a child charge because the pool’s murky water could have resulted in harm to children swimming there.
Shanahan and Carter left the courtroom without commenting. They resigned from their positions last year.
