Death of Raymond Zack

On Memorial Day, 2011, 53-year-old Raymond Zack, of Alameda, California, walked into the waters off Robert Crown Memorial Beach and stood neck deep in water roughly 150 yards offshore for almost an hour. His foster mother, Dolores Berry, called 9-1-1 and said that he was trying to drown himself. (There are conflicting reports about Zack's intentions.)^[1]

City of Alameda firefighters and police responded but did not enter the water. The firefighters called for a United States Coast Guard boat to respond to the scene. According to police reports, Alameda police expected the firefighters to enter the water.^[2] Firefighters later said that they did not have current training and certifications to perform land-based water rescue, and that funding for the program was cut. (However, a memo soon surfaced that contradicted the lack-of-funding claim.)^[3] Local agencies disputed whether or not the Alameda Fire Department or Alameda Police Department made requests for mutual aid, such as a request for a shallow-water boat.^[4]

Dozens of civilians on the beach, and watching from their homes across from the beach, did not enter the water, apparently expecting public safety officers to conduct a rescue. Eventually, Zack collapsed in the water, apparently from hypothermia. Even then, nobody entered the water for several minutes. Finally, a good samaritan entered the water and pulled Zack to shore. Zack died afterwards at a local hospital.^[5][6][7]

The event made international headlines, and was covered on CNN, Fox News, in The Daily Mail, USA Today, The Huffington Post and regional media outlets.^[8][9]

Public Reaction

Members of the local community were outraged. In May 2012, Alameda residents held a "wade-out" in memory of Zack, and to demonstrate how public safety officials might have reacted differently to preserve Zack's life.^{[10][11][12][13]}

Local residents filed complaints with a state agency that oversees paramedics, however, those complaints were dismissed.^[14]

People across the United States blogged or commented about the event, expressing shock, raising ethical questions, and linking the event to the bystander effect.^{[15][16][17][18][19]}

City of Alameda Reaction

In the aftermath of Zack's death, the City of Alameda contracted with Ruben Grijalva to conduct an investigation and produce a report.^[20] His 67-page report "found that the death was caused by a breakdown in communications and a lack of training." ^[21] In the intervening period, a memo surfaced that contradicted the fire chief's claim that Zack's death was due to a lack of funding for water rescue programs.^[22]

Zack Family Lawsuit

In October, 2011, Zack's family filed claims against the City of Alameda and Alameda County, and eventually sued both agencies over Zack's death.^[23] In May 2012, Zack's family filed suit in Alameda County Superior Court. (The Alameda County Regional Emergency Communications Center, a.k.a. ACRECC, handles radio dispatch for the City of Alameda Fire Department.)^[24][25] In early 2013, a judge dismissed the lawsuit, saying public safety officials had no legal duty to save Zack.^[26]

Documentary

In 2015, filmmaker Jaime Longhi released to film festivals his 35-minute documentary Shallow Waters: The Public Death of Raymond Zack which examines events of the day that Zack died.^[27][28] In 2015, the documentary screened at the Awareness Film Festival in Los Angeles, the Global Peace Film Festival in Orlando, Florida, Indiefest in La Jolla, California and the Blowup Film Fest in Chicago. The film screened in Alameda for the first time on January 31, 2016, at the Michaan Auction House Theater at Alameda Point.^[29][30]

See also

• Bystander effect
• Civil courage

References

1. Many issues about this incident are disputed. Roughly one year after the incident, Raymond Zack's family filed a "Failure of Duty" lawsuit against the City of Alameda and the County of Alameda, which handles dispatch for the Alameda Fire Department.
2. Alameda police released redacted police reports to the media after the event that confirm this.
3. "Contrary to what Alameda fire chief said, rescue swimmers were funded". 2011-06-09.
4. "Fire departments say Alameda authorities never asked for help to save Raymond Zack". 2011-06-05.
5. "Alameda Police Release Memorial Day Drowning 911 Calls". San Francisco. 2011-06-08.
6. "The Death of Raymond Zack: No Heroes, Only Bystanders". 2011-06-01.
7. "Such callous disregard for life". Orange County. 2011-06-10.
8. "Health and safety 'stopped police saving drowning man' - because the water was too cold". 2011-07-01.
9. "Cops, firefighters watch on shore as suicide victim drowns". 2011-06-01.
10. "Alameda residents hold memorial wade-out". 2012-05-26.
11. "Save the city’s soul". 2015-01-08.
12. "Alameda Residents ‘Wade-Out’ In Bay To Protest Suicide Response". 2011-06-12.
13. "The drowning suicide that shook an island". 2011-06-06.
14. "State agency clears Alameda paramedics of wrongdoing". 2011-11-22.
15. "Raymond Zack and the bystander effect". 2013-11-11.
16. "The Death of Raymond Zack: No Heroes, Only Bystanders". 2011-06-01.
17. "What's your take on the Raymond Zack suicide-drowning in Alameda?". 2011-06-01.
18. "A Strange Death in Strange Circumstances". 2011-06-06.
19. "They didn't even try to rescue the victim". 2011-06-04.
20. "Raymond Zack Death: Report Faults City Of Alameda For Lack Of Water Rescue Crew". 2011-09-30.
21. "Report Criticizes City Of Alameda In Drowning Death Of Suicidal Man". 2011-09-30.
22. "Memo contradicts Alameda fire chief in drowning". 2011-06-10.
23. "Alameda hit with claim over man's death in bay". 2011-10-14.
24. "Raymond Zack's Family Files Wrongful Death Suit". 2012-05-26.
25. "EXCLUSIVE: Alameda fights water rescue lawsuit". 2013-02-07.
26. "Judge dismisses family's water rescue lawsuit". 2013-02-11.
27. "Shallow Waters Official Website".
28. "Shallow Waters: The Public Death of Raymond Zack on Internet Movie Database".
29. "Film About Man's 2011 Drowning Shows Jan. 31". 2016-01-06.
30. "Shallow Waters Delves Deep". 2016-02-04.