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COLUMBUS, Miss. (WCBI) –  The search for the second victim in a weekend drowning has come to a close.  Search teams Tuesday afternoon recovered the body of 10 year old Justin Brown near the Greenbriar Bridge over the Luxapalila Creek.  The search has been going since Saturday afternoon when an ATV driven by his father slipped from a spillway into the creek. Several people were on the ATV including Justin Brown’s 6 year old brother Jacob who also drowned.  His body was recovered Sunday afternoon.

A volunteer riding a three-wheeler along the banks of the Lux apparently spotted the victim floating in water about a quarter of a mile from Greenbrier Bridge.

That volunteer tells WCBI News, at one point in the past, the Brown Family was his neighbor.

“Another fellow came up in a truck, I asked him if he had any binoculars and me and him followed him down the river there for probably another quarter of a mile. And then he jumped in and got him out,” said Dennis Irvin, Volunteer.

“We had just today completed autopsies of Jacob so we’ll go back tomorrow and complete that. And we’ll know all that we can know,” said Greg Merchant, Lowndes County Coroner.

Now the attention turns to whether any charges might be filed against the childre’ns father Billy Brown.  Brown was driving the ATV when it plunged into the creek.  Columbus Police Chief Selvain McQueen says blood alcohol tests taken after  the accident have not been returned, but when the results from the state crime lab are back, they will remain sealed because it is an ongoing investigation.

Charges could range anywhere from reckless endangerment to manslaughter if detectives believe the accident was criminal.  No time frame on the decision on charges has been made.

Comment on this Story

  • Nicole

    It’s such a sad situation. It bothers me they are considering charging him with manslaughter. Come on, the guy is suffering enough. No decision by a judge could make this man feel any worse than what he does. Praying for the family.

  • Kara copes

    This family has already suffered so much. My prayers are with them.

  • Ashdcole

    Criminal?! This man has just lost 2 of his children and they are trying to put him in jail?! Shame on the justice system that will let a rapist or murderer have freedom but try to shun someone that has already lost so much!

  • Tonya Manning

    I was with the father in the ER. The columbus police department has a lot to be desired. I am ashamed to call them our protectors. A man that was trying to save his children was hauled off to take a blood test and told he had to pay for it ($180). When he could not come up with the money they told him they would have to get a warrant. Then the news stated he refused. He was detained until 10pm that night, instead of looking for his lost babies while they ran and got a warrant. I am appalled at our police departments lack of compassion and respect. This should be interesting. Praying God grabs hold of our police department and shows them the errror of their ways.

  • Pam

    I truely feel sorry for the man and his family, but if he was drinking then something needs to be done criminally. No, I know no punishment is going to bring his children back or make him feel worse than he already does, but this has to be taken seriously. I would be satisfied with probation of some type, but there has to be some type of lesson learned for others in this tragic incident.
    A day of fun has turned extremely tragic because he chose to be reckless with not only his life, but also his childrens’ and other people’s children. I truely pray for peace for this family in the days and weeks to come. I know the community will continue to rally around them during this time.

  • Chris

    I think every thing needs to be dropped. There is no dout in my mind that that man love his kids.
    He was all the time doing something with them. That family has list two children, they don’t need to lose a daddy next. I personal spent many hours looking for them boy and I just really think there should be no criminal charge. Cause if the mayors son can get a way with whatever then why is ppl saying there needs be charge they are out of there mind if they do and I really hope the community stands behind this man and his family.

  • Michael Smith

    The fathers alcohol level was zero! This was a tragic accident. He jumped in the river and saved 2 of his kids,then ran a mile down stream along the bank to try to save the boys. As soon as the police released him from the hospital he went straight to the river and searched. He was looking for his boys the entire 3 days without any sleep. I am still wondering why Fire Chief Ken Moore called off the search at 9:30 p.m. Saturday night. Why only 6 hours to search for kids lost in a river? Where was Chief Moore Sunday? I was told he was not coming,it was his day off. We were also told by a police officer on scene the game wardens put up nets across the river Saturday night. Nets were not put up until after 8 a.m. Sunday! Both boys were found downstream past the nets. Go figure.

  • Anonymous

    I agree 100% that he should be charged for their deaths. This would have never happened had he not been reckless and tried to cross the creek knowing the water was high and the current was rapid. He not only put his 4 kids in danger and caused 2 of them to die but he put another person child in danger.

  • Lester

    There may be probable cause for two counts of culpable manslaughter based on two possibilities: 1. if he was under the influence of alcohol or drugs, 2. carrying six people on an ATV in swift running water. Legally, its irrelevant that the victims were his kids and that he is surely heartbroken. If he is due any pity, it would be in the form of what sentence he gets if found guilty. I assure you, the Grand Jury will hear this case.

  • deborah martin-walk

    I agree with you Tanya and thanks for explaining what you saw first hand at the er. That is despicable…..This family does not need any more damage, Kristy and Billy have enough to deal with. Please everyone remember the website the Cookie Store has set up for Kristy online……
    www,giveforward.com/fundraiser/mxd2/Jacob-and-Justin-brown-trust-fund. This website from her employers will be accepting donations for them till the 31st of May.

  • Lester

    this needs to be investigated, the police are doing their sworn duty. if he was intoxicated or not, its probably culpable negligence to have six passengers on an ATV, in water, in a swift current. I’m sure he is devastated, but that’s not a defense to manslaughter.

  • Tonya

    Amen!!

  • Chris

    Not when the ate was made for six ppl. It was a SIX setter ATV.

  • Tonya

    It is easy to place blame when you are going on false information and/or not on all the information. Especially when you are on the outside looking in. It was merely an accident. Leave it be.

  • Bill

    There’s something else to be considered in all this too. The corp of engineers created this playground when they dredged the creek out for flood control but no one patrols these areas. Whose responsibility is this? Is it the city’s? Whose land are these atv trails on? If it’s the Corp’s , then people need a permit to use it with their atv’s and the Corp of Engineers should make them user friendly or if it is owned privately then everyone who goes on the property is trespassing. Another question too is, aren’t there seatbelt laws for atvs? Also , Columbus pd should be thankful for the volunteers who helped in this time of need and not try to throw the blame on the parents who already have a much too heavy of a burden already.

  • Tonya

    Five passengers, one driver on an ATV, Ranger seat belted for six. They were wearing seat belts.

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