More than two months after 18-year-old Daniel Erving drowned in Lake Ray Hubbard, two people who were with him that day have been charged with tampering with physical evidence — but Erving's family says the charges don't go far enough.
According to the Dallas Police Department, 19-year-old Lucas Roper and a 17-year-old juvenile were arrested July 9 after investigators alleged they failed to report Erving's death and instead attempted to conceal evidence following the incident.
Erving, an honor roll student and member of his school's swim team, disappeared after he and the two others jumped from a railroad bridge into Lake Ray Hubbard in the eastern suburbs of Dallas in April. His body was recovered from the lake on April 17 — four days after he went missing. The Dallas County medical examiner ruled his death an accidental drowning.
According to an arrest affidavit obtained by ABC News, Roper and the juvenile left the scene after Erving drowned. Investigators allege Roper threw Erving's clothing into a tree line near the bridge, while the juvenile discarded Erving's cellphone in a ditch at Roper's direction.
Police also allege Roper deleted messages between himself and Erving because he knew there would be an investigation into the teen's death and "did not want to get into trouble," according to the affidavit. During a voluntary interview with detectives on April 20, Roper allegedly admitted he "panicked" after Erving drowned.
Both suspects have been charged with tampering with physical evidence, a third-degree felony.
Erving's family, however, is calling for homicide charges and has criticized investigators for waiting nearly three months to make arrests despite interviewing both suspects within days of Erving's disappearance.
"A reasonable-minded person would know if you are not guilty of a crime, why would you throw away his clothes and delete messages and not even call his mother?" Erving's mother, Tameca Erving, said in a press conference. "I want justice for my son."
Family attorney Sean Daredia is also urging the Dallas County District Attorney's Office to present the case to a grand jury for possible homicide charges.
"Those two suspects let Daniel Erving sit on the bottom of Lake Ray Hubbard for four days," Daredia said during a press conference. "They went to school. They lived their lives."
Questioning the suspects' actions after the drowning, Daredia added: "If it's an accident, why hide the clothes? Why flee the scene? Why toss Daniel Erving's cellphone off the car?"
"We won't accept tampering charges," he continued. "Take this case. Take the facts. Take the evidence to a grand jury and bring the appropriate charges."
According to the New York Post, the investigation remains ongoing. The Dallas Police Department is leading the case after jurisdiction shifted from the Rowlett Police Department because Erving's death occurred within Dallas city limits.
In a statement, the Dallas Police Department extended its condolences to Erving's family but said it could not comment further because the case remains an active criminal investigation and pending prosecution. The Rowlett Police Department said it continues to assist Dallas police as requested.
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