An 18-year-old swim team member drowned at a lake. 2 teens now face charges of evidence tampering – but a family wants more

By Holly Yan, CNN

(CNN) — A young athlete’s death has been mired in mystery since he drowned in a Texas lake three months ago. Now, two teens who were with him face charges of evidence tampering – fueling anger and speculation about what happened to Daniel Erving.

The 18-year-old drowned in April at Lake Ray Hubbard, about 15 miles east of downtown Dallas. Authorities have now arrested two teens – 19-year-old Lucas Roper and a juvenile – on suspicion of evidence tampering, Dallas police said.

An autopsy report obtained by CNN Wednesday said two people with Erving the day he drowned “disposed of the decedent’s belongings and failed to report the incident to authorities.” Erving’s body wasn’t found until four days later, on April 17.

Erving’s family is now calling for a murder investigation.

“As a mother, I knew something was wrong on day one,” mother Tameca Erving said at a news conference Tuesday. “I feel like my son only received partial justice. But we’re here to have murder charges brought against those two.”

The latest news in the Erving case evoked fresh memories of another 18-year-old Black man, Nolan Wells, who died while on a Fourth of July trip to Horn Island off the coast of Mississippi.

While no official cause of death has been released and no charges have been made in Wells’ case, his death sparked racial tensions and widespread scrutiny after photos showed Wells surrounded by White friends while on the trip.

In Erving’s case, “Two young white men come to his house to pick him up,” said Ben Crump, who is representing the families of Erving and Wells. “And they go fishing, swimming. And then they come back – but yet, Daniel doesn’t.”

Autopsy report: ‘There are no current suspicions of foul play’

Erving “was with two other individuals when all three jumped from the bridge into the water below,” the autopsy report said, citing “investigative information.”

“Once the decedent became submerged and didn’t resurface, the other two individuals disposed of the decedent’s belongings and failed to report the incident to authorities,” the report said.

“Police have since interviewed these individuals, and despite initial suspicions, there are no current suspicions of foul play,” the medical examiner wrote on June 29. “Should further information come to light in the future, the cause and/or manner of death may be amended.”

The medical examiner determined Erving’s death was an accident caused by drowning.

“He was seen to surface once, call out for help before becoming submerged, and he did not resurface,” the report said.

But an accidental drowning doesn’t seem to make sense, said Sean Daredia, another family attorney.

“Something smells off to us,” Daredia said at a news conference Monday. “Daniel Erving was an honor roll student. He was a member of his swim team. He was a strong, healthy young athlete. For these two suspects to say he drowned and they left – it doesn’t add up.”

Why the suspects were arrested

According to an affidavit, Roper and the other teen suspect are accused of throwing out Erving’s clothes and driving away from the scene, CNN affiliate KTVT reported. The affidavit also said Roper admitted to deleting text messages between him and Erving. Roper was arrested July 9, KTVT said.

CNN asked the Dallas Police Department why it took nearly three months after Erving’s body was found April 17 to arrest the two teens on suspicion of tampering with evidence but did not receive an answer.

In a statement to CNN, Dallas police said detectives “conducted a thorough investigation, including interviews, evidence collection, and coordination with the Dallas County Medical Examiner’s Office.”

“During the investigation, detectives identified evidence that two individuals who were present at the lake failed to report the incident and later discarded items belonging to Daniel,” the police told CNN. “As a result, investigators obtained arrest warrants for Lucas Roper, 19, and a juvenile suspect. They are each charged with Tampering with Physical Evidence, a third-degree felony. Both suspects have been arrested.”

The department said they could not provide any additional details because the “matter remains an active criminal investigation and pending prosecution.”

CNN is trying to determine whether Roper and the juvenile have legal representation.

The Dallas County District Attorney’s Office directed questions about the investigation to police. “Our office has yet to receive the case – which is very standard as the arrest was made just a few days ago,” district attorney spokesperson Claire Crouch said.

Crump said he wants cases like Erving’s to be “investigated as murder investigations until they prove themselves not to be murderers.”

In the meantime, Daredia said the family is launching an independent investigation.

This story has been updated with additional information.

CNN’s Ashley Killough, Shawn Nottingham and Alta Spells contributed to this report.

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