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    Tuesday, May 07, 2024

    Lawyer calls for changes at New London beach in wake of 4th of July death

    New London — Three years after the Fourth of July drowning death of 6-year-old Anthony Bernoudy at Greens Harbor Beach, an attorney for the New London boy’s estate is calling on the city for safety improvements and policy changes at the beach.

    Jason Burdick — who represents Tamyra Bernoudy, Anthony Bernoudy’s mother, in a pending wrongful death lawsuit suit against the city — held a news conference at the city-owned beach off Pequot Avenue.

    He said “conditions are right for another tragedy like the one that happened here three years ago.”

    The lawsuit, filed in December 2014, claims “willful negligence” and “reckless conduct” on the part of the city and its lifeguards by allowing people on the beach after lifeguards have left and not taking steps to secure the beach after hours.

    The city’s municipal code, Burdick said, bars anyone from the beach after hours, which are 9 a.m. to 5 p.m. on weekdays and 10 a.m. to 6 p.m. on weekends.

    He said the city has adopted a practice, however, of allowing the public to swim when the beach is closed.

    Anthony Bernoudy was found drowned on the evening of July 4, 2013.

    He was first reported missing at 5:56 p.m. by his grandmother, Tara Bernoudy.

    Both Tara Bernoudy and Anthony’s grandfather, Mario Gomez, were present at the beach that day.

    A police investigation, which included interviews with the lifeguards, showed that prior to the 5 p.m. closing time the lifeguards walked the beach to warn beachgoers the beach would be closing shortly.

    At least one lifeguard warned that swimming would be at their own risk once lifeguards were gone.

    Tara Bernoudy recalled last seeing her grandson at 5:12 p.m., when she called her brother on a cellphone.

    At 5:33 p.m., she called her sister and was still on the phone when she noticed he was missing, according to the police report.

    One of the lifeguards recalled, in an interview with police, that Bernoudy’s grandparents were not paying attention and instead socializing while at the beach.

    There was a point when police considered applying for an arrest warrant for Tara Bernoudy, as Anthony was in her care at the time, police reports show.

    The state attorney’s office did not pursue any charges.

    Burdick said the focus should not be on the grandmother but rather city policy.

    “They need lifeguards whenever people are at the beach or in the water,” he said.

    City Risk Manager Paul Gills, who was also at Burdick’s news conference, said it was the city’s policy not to comment on a pending lawsuit.

    State Rep. Ernest Hewett, D-New London, also was present Friday and said he recalled the tragic night of Bernoudy’s death.

    Hewett declined to comment on the legal aspect of the Bernoudys' case but bemoaned a decision by the state to reduce the schedules for lifeguards at some state beaches.

    g.smith@theday.com

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