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

By Holly Yan, Maria Aguilar Prieto, 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 after jumping off a railway bridge at Lake Ray Hubbard, about 15 miles east of downtown Dallas. Authorities have now arrested two teens – 19-year-old Lucas Roper and a 16-year-old juvenile – on suspicion of evidence tampering, Dallas police said.

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

Dallas and Rowlett police detectives interviewed Roper three days after Erving’s body was found.

“Suspect Roper confirmed he was aware that there would be an investigation into Daniel Erving’s death and he did not want to get into trouble,” a Dallas police officer wrote in an arrest warrant affidavit. Roper also told the detectives he deleted all cell phone communication between him and Erving after the 18-year-old drowned, the filing said.

Roper was interviewed in late April. But the arrest warrant affidavit wasn’t stamped until July 8. Roper was arrested July 9, CNN affiliate WFAA reported, citing court records.

CNN asked Dallas police why it took more than two months to arrest the teens on suspicion of tampering with evidence but has not yet received an answer.

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

“As a mother, I knew something was wrong on day one,” 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 civil rights attorney 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,” a medical examiner’s autopsy report said, citing “investigative information.”

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

“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.”

At that time, the medical examiner determined Erving’s death was an accident caused by drowning.

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

Dallas police extracted data from Erving’s cell phone and examined Roper’s cell phone, indicating “Roper did indeed delete all communication between” the two, the affidavit said.

The 16-year-old suspect told a Dallas police detective that Roper “threw Daniel Erving’s clothes in the tree line as they fled the location,” the affidavit said. The juvenile “further admitted he threw Daniel Erving’s cellphone from the vehicle after Suspect Roper told him to.”

Authorities recovered some of Erving’s clothing and his phone after the juvenile showed them where they had been discarded, the affidavit said.

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 Dallas Police Department said.

Roper and the juvenile suspect are facing charges of tampering with physical evidence – a third-degree felony, the Dallas Police Department said.

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

CNN has attempted to reach Roper’s listed attorney and to determine whether the juvenile has 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.

“As a single mother, this loss is beyond anything I could have ever imagined, and I am still trying to process this unimaginable pain,” Tameca Erving wrote on a verified GoFundMe page.

“Daniel was a young man full of life, love, and potential” who wanted to enlist in the military, his mother wrote.

“To know Daniel was to love him, and his absence has left a void that can never be filled.”

This story has been updated with additional information.

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

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