AUGUSTA, Ga. (WJBF) – The family of Israel Scott the 4-year-old who drowned during swim lessons is presenting what they say is new evidence that proves criminal negligence on the swim instructor’s part.

Lydia Glover-Fields, Izzy’s aunt says she didn’t know that would be the last time she heard that laugh.

“We’ll never see him go to school, we’ll never see him graduate high school, we’ll never see him graduate college,” said Fields.

And that list goes on. While the family is still grieving the death of 4-year-old Israel Scott, they’ve also been fighting for justice.

“My problem is with the investigators, my problem is definitely with the sheriff,” she said.

The Burke County Sheriff’s Office recently released a report on  the investigation into the drowning of Israel Scott. That report found that there was no criminal negligence by the swim instructor, Lexie Tenhuisen’s. 

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Scott’s family hosted a roundtable Monday evening. They want the District Attorney’s office to dig deeper. 

“The first day Izzy took on too much water and they took him out of the pool,” said Fields.

Fields says according to the report released by the Sheriff’s office, another child in the class stated that Izzy was throwing up and coughing his first day of swim class.

Fields says “He took on too much water. So they took him out of the pool, sat him on the concrete and left him there.”

She says the swim instructor never notified Izzy’s mother about the incident. Fields says she’s read the through the 23 page report several times and found negligence on the swim instructor’s part. Sheriff Williams says while they did find negligence in the incident they couldn’t find anything to prove it was criminal.

Fields says, “If you don’t consider every word and exegetic every sentence is break it down on what’s it worth and let it stand on its own merit then of course you’re going to find anything.”

The family also brought up the swim regulations in the state and while they aren’t any for private pools, they say they’re going to fight to implement them but first they have the fight for justice.