"My child is dead. There was no remorse, no compassion," said Allen, 38.
The lawsuit, which seeks unspecified damages, names the academy, two counselors, the company that runs the lake and two lifeguards.
A state investigation found that YES Academy did nothing wrong, and the executive director and owner of the program said that Carnez had told counselors that he could swim, and that he had gone to the YMCA at home.
Carnez was a troubled kid. He had attention-deficit hyperactivity disorder and behavior problems. He once set his sister's hair on fire, his mother said.
Finally, in June 2009, after Carnez was convicted on a conspiracy charge when his 16-year-old friend stole a car, a Delaware County Juvenile Court judge shipped him off to shape him up.
He was to spend 14 months at YES Academy, a comprehensive treatment program in Mercer County for juvenile fire-starters, sex offenders and excessively aggressive youths. The 7,000-square-foot facility has recreational and educational programs, life-skills services and round-the-clock supervision.
One sunny afternoon on July 30, the YES Academy took about 16 teenagers to Lakeside Park after they begged the school director to let them go swimming.
Witnesses told Allen that a lifeguard questioned Carnez's ability to swim, but a counselor with the boy said that he was fine. YES Academy counselors urged him along, assuring the two lifeguards that Boone would be OK, the court documents allege.
According to a witness account obtained by the Daily News, Carnez was playing at a nearby table with some friends when some of them urged him to go out to the high dive. Terrified, he went up and counselors also "encouraged/made" Carnez jump, according to the witness.
