No criminal charges to be filed in death of 3-year-old at Smuggs'

WATERBURY, Vt. (WCAX) – Vermont authorities say no criminal charges will be filed over a three-year-old who died following a drowning accident at Smugglers’ Notch Resort in July.

The Vermont State Police Tuesday said an investigation into the drowning death of Tate Holtzman is now complete and that no criminal charges will be filed.

The Cambridge youth was taking part in one of the resort’s day camps on July 6. Police say detectives determined that Holtzman was walking with adult supervision near the outdoor splash pad when he stepped on an unsecured cover and fell into an underground cistern. They say lifeguards on duty made heroic attempts at “extraordinary personal risk” to save him. He died a few days later of his injuries at the UVM Medical Center.

The Lamoille County State’s Attorney’s Office determined that no criminal charges would be filed.

The Department for Children and Families and OHSA are conducting separate reviews.

Police issued the following statement from Jennifer and Zachary Holtzman, Tate’s parents:

“Tate was the love of our lives, a very special young soul full of compassion, kindness, curiosity, creativity, and adventure. He was our only child — and like both of us, he loved to ski, ride his bike, and canoe. He, and our entire family, also love Smugglers’ Notch, which is why we live locally. While Jen works at the local elementary school in Jeffersonville, Zach was actually an employee of Smugglers’ Notch leading up to and at the time of the incident. We are both deeply proud to be a part of this incredibly supportive community,” the Holtzmans said. “As parents of this precious boy, we are beyond devastated by his loss, and by the fact that this tragedy occurred at what is our family’s favorite ski resort,” they added. “This incident has impacted our lives in every possible way, wreaking havoc on our family, careers, and trust in this world. We are grateful for the continued love and support we have received while we navigate this nightmare. We are especially thankful for our loving family, friends, community, pediatrician, UVM Medical Center, Vermont State Police, and the first responders. In honor of our son, we plan to promote water safety and do everything possible to prevent a tragedy like this from happening to other young children.”