Judge denies case dismissal for foster father in Greenville Co. - FOX Carolina 21

Judge denies case dismissal for foster father in Greenville Co. toddler's drowning

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Travis Wagner in court (Mar. 29, 2017/FOX Carolina) Travis Wagner in court (Mar. 29, 2017/FOX Carolina)
Za'Marion Wilcox (Source: Family) Za'Marion Wilcox (Source: Family)
GREENVILLE, SC (FOX Carolina) -

Investigators said 2-year-old Za'Marion Wilcox wasn't properly supervised when he drowned in a community pool in September.

The tragic incident occurred just before 8 p.m. at a pool in the Partridge Ridge subdivision on Duncan Chapel Road.

The coroner said Za'Marion fell into the water. He was later pulled out by one of his foster parents, but efforts to resuscitate him were unsuccessful. Za'Marion passed away at the hospital shortly thereafter.

The incident happened less than three weeks before his third birthday.

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More than three months after the toddler's death, his foster father, 37-year-old Travis Henry Wagner was charged with homicide by child abuse.

The Greenville County Sheriff's Office said after an investigation that Wagner failed to supervise Za'Marion for a "significant" period of time leading up to his drowning.

Wagner appeared in court on Wednesday for a hearing in the case. His defense attorney requested a dismissal of the charge.

During the hearing, an investigator testified Za'Marion was circling the pool while Wagner was in the water with his other children. Za'Marion reportedly put a towel over his head and fell in with the towel.

He was underwater for two minutes before another child realized what happened, the investigator said.

A detective testified their was an anonymous complaint against Wagner before Za'Marion was placed in his care.

On Thursday, the judge decided to advance the case to a grand jury. Wagner is still charged with homicide by child abuse.

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