A white 14-year-old accused of trying to drown a Black youth in a racist attack on a Cape Cod pond was released to the custody of his father at a Monday court appearance.
A pair of youths were seen pushing another into the water of a Cape Cod pond in July, according to court documents. The alleged victim, who is Black, told investigators that the other child laughed and called him "George Floyd" as Sheeran repeatedly dunked him into the water, even though the alleged victim said he couldn't swim and needed to wear a life jacket. Sheeran and the other child are both white, authorities have said.
Two witnesses, other youths who were at the pond, told investigators they saw Sheeran atop the victim in the water; one said they heard someone say "George Floyd" as well, according to statements they gave to police that were obtained by NBC10 Boston.
Sheeran was indicted by a Barnstable County grand jury in August and ordered held without bail after a dangerousness hearing. He was placed in the custody of the Department of Youth Services.
His lawyers argued Monday that he should be released pending trial. The judge agreed, ordering conditions including GPS monitoring, staying with his father, reporting to probation regularly and staying away from potential witnesses in the case.
NBC10 Boston has reached out to Sheeran's lawyer for comment. The lawyer, Kevin Reddington, told The Boston Globe that the charges are "over the top" for what amounted to "horseplaying" that "got out of control." He said he was appealing to the Superior Court to have Sheeran released.
All of the people involved are juveniles, as are the witnesses, and all but Sheeran had their names redacted from the report. Sheeran's name was not redacted, as he is being tried as a youthful offender, a designation that gives Massachusetts prosecutors discretion for seeking an adult sentence for children between 14 and 17 years old who are charged with a felony and when other criteria are met, including a charge that involves the infliction or threat of serious bodily harm.
The allegation that a white teenager held a Black child underwater in a racially motivated attack, while another white child looked on and laughed, has caused consternation in Chatham.
The alleged victim reported what happened to him two days later, on the morning of July 21, at the Chatham police station, according to an investigator's affidavit. The child told the officer two of his friends had tried to drown him at Goose Pond.
In a document provided to police, the alleged victim described what happened at the pond, describing a series of escalating incidents involving stone throwing; "racial slurs like 'boy,'" used intentionally; and Sheeran trying to pull him under the water four or five times.
When, with water in his mouth and nose, the alleged victim said he couldn't breathe, the other child "started laughing and called me George Floyd, obviously making fun of me and showing NO remorse," he wrote.
Eventually, the alleged victim called for help and was brought to shore by someone who intervened, according to his account.
That youth eventually provided a statement to police saying he'd heard the alleged victim ask Sheeran "to please not splash or push him because of his inability to swim," and that he saw Sheeran and the other youth "pushing his head under water" while the child was "screaming for help," prompting him to swim over and yell at the two attackers to stop.
"When I finally get to them they were smirking," that youth wrote.
Another youth who was there wrote in a statement to police that someone called her into the water "to 'listen to what they're saying.' I couldn't make out the words but I eventually saw them on top of him holding him underwater. I don't know who said it, but I recall one of them saying "George Floyd."
After the alleged victim was brought out of the water, she asked him if he was OK, to which he responded, she told police, "he doesn't know how to swim, and they purposely called him down to the pond."
Chatham police referred the case to prosecutors on July 24, who said they found probable cause for various charges, according to court documents. An attorney assisting the alleged victim provided new information to police, leading them to interview the witnesses.
Investigators also sought to speak to the two alleged attackers, according to the police account in the court documents.
While the alleged victim was leaving the police station after initially speaking with police, he spotted Sheeran was in the lobby with his mother, according to police. The investigator went to speak with them but, after saying why and reading Sheeran his Miranda rights, the mother said Sheeran wouldn't speak without an attorney present.
Later that day, he spoke with the other child and his father in their driveway. "He told me what happened… the other day at the pond," the officer wrote, adding that the child "showed remorse about the incident" and that he saw Sheeran push the alleged victim under the water.
In Chatham, both the town's select board and the Monomoy Regional School District have released statements saying their communities stand for diversity and inclusion and that they were working to prevent similar incidents from happening again.
"We are disturbed and saddened to learn of the event that occurred earlier this summer between juveniles," the select board said. "We do not believe that it reflects the true nature of our community, which is diverse and inclusive. We condemn all acts of violence, particularly those directed at children."
The board added it was "here to support" the alleged victim and his family.
The Monomoy schools superintendent, in a letter to the community, noted that neither the boy charged with attempted murder and another white boy, whom prosecutors have said laughed and referred to the victim as George Floyd, were enrolled in the district.
"Acts of hatred and violence are unacceptable, and we condemn any behavior that seeks to harm or marginalize others based on their race, ethnicity, or any other personal attribute," Superintendent Scott Carpenter wrote, calling the allegations "incredibly concerning."
He said the district was working with Chatham police and its Diversity, Equity, Inclusion, and Belonging Advisory Council to provide support for anyone in the community who needs it. He also encouraged parents to discuss the importance of respect, kindness and empathy with their students.
The town has referred questions to the Cape and Islands District Attorney's Office.
