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By the time she ran to the pool, the two 5-year-olds had fallen in, the lawsuit states. Maintenance workers heard noises inside locked gates and jumped over a fence to find the children, police said at the time. Firefighters tried CPR on Ismaine, but he was declared dead at the hospital. At the time, police said they did not know how the children got into the pool, which had been closed for several months. Pajcic showed a 3-inch thick file of past city complaints filed against the complex since 2012, as well as Duval County Health Department complaints about the pool's safety issues. In one city code citation dated July 19 2017, the inspector stated one of the pool gates was open, while the dirty water was "a threat or endangerment to public health." The city inspector told maintenance people to lock the open gate immediately. A follow-up inspection a few weeks later showed the gate still unlocked, management told the pool had to be fixed, covered or filled in "with compacted earth to comply." When a Florida Department of Children and Families investigator went to the pool four days after Ismaine drowned there, the complaint filed with the city stated it was "still accessible" and "unsafe." Pajcic showed photos of the pool taken about the same time with wide gaps in its fence and partially-locked gate where a child could get through, and no signs saying it's closed, he said. Pajcic said the boy's death has been "devastating" to the parents, Ismaine's mother cried when she saw the big image of her son. And she should not be considered negligent because her son got out of the apartment.
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