Gulf Coast Confidential: Sink or Swim

Hi, I’m Mollye Barrows and I’ve been reporting on stories from Northwest Florida for many years. Welcome to my investigative series, Gulf Coast Confidential, where I dive into some of the saltier stories that have surfaced here and all along the Gulf of Mexico.

This story is one that didn’t make the news at the time it happened, but it drew a huge reaction from the Northwest Florida community when I first reported on it in the summer of 2022. It’s about a boy who just wanted to have a good time with his friends, but literally got in over his head and drowned. Not only could the tragedy have been avoided, but not one adult nearby tried to help him. Here’s Sink or Swim…

On the morning of Saturday, April 16, 2016, Viner Lewis had plans to take her eldest son to a friend’s birthday party in Pensacola, Florida, a historic city on the western tip of the Florida Panhandle, on the Gulf of Mexico, known for its emerald, green waters and sugar white beaches. Between school, sports, and social events, the mother of four was often busy taking her middle or high school children to attend a function somewhere and this day was no different. Viner Lewis also had her daughter and youngest son, 12-year-old Dondre Lewis, with her when they headed for the party, which was being thrown by their pastor, Reverend LuTimothy May, for his son’s 14th birthday.

The invitation stated the date, time, and address, but Lewis didn’t realize until she got there that the birthday party was being held at a location she did not expect, a “large, luxurious yacht.” She later learned it was owned by national personal injury attorney Mike Papantonio and staffed by crew employed by his Pensacola based law firm, at the time known as Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor.

Before the birthday party voyage was launched, Lewis, her children, and other parents dropping off their kids, were invited on board for a tour of the 85-foot vessel named “Nyhaven.” During the tour, 12-year-old Dondre Lewis was allowed to go to the celebration along with a dozen other children. Viner Lewis left both of her sons on board, in the care of May and the boat crew. The Lewis’ were longtime, active members of Reverend May’s congregation, Friendship Missionary Baptist Church.

Lewis wasn’t expecting Dondre to go swimming, he wasn’t wearing a bathing suit and was still in his shirt and sweatpants when she left. However, that was the last time she would see her youngest son alive. A few hours later search and rescue crews retrieved the 12-year-old boy’s body from the water. 

The details of what happened are described in public records, including an incident report by the Escambia County Sheriff’s Office and a wrongful death lawsuit Viner Lewis filed in 2019, on behalf of Dondre Lewis’ estate and his immediate family. The defendants named in the lawsuit are: Nyhaven LLC, attorney Michael Papantonio, his firm, Reverend LuTimothy May, as well as the boat captain Paul Bumann, and steward, William Queal.

According to deputies, the yacht’s captain anchored the multi-story vessel in the Intracoastal Waterway, near Fort McRee, around noon that Saturday. Ft. McRee is a historic fort in the Gulf Islands National Seashore, a park on the eastern end of Perdido Key, Florida, not far from the Alabama state line. The area is popular with boaters, kayakers, and campers alike for its pristine, natural beauty. Boats often anchor side by side along the snow-white beach of the large, sand dune covered island that stretches in the middle of the waterway, between the mainland and barrier islands. Some come to cool off on hot summer days and others to watch the U.S. Navy’s elite flying team, the Blue Angels, perform or practice, from their nearby home base of Naval Air Station Pensacola. Larger boats, like Nyhaven, sometimes anchor further out from the beach, where the water is deeper.

 The kids began swimming in the warm, crystal green waters of the sound, many jumping off the back end of “Nyhaven,” into about 13-feet of water. No one was wearing a life vest or any other kind of flotation device. There was also no adult in the water with the kids, but there were two safety lines and a buoy for the kids to hang on to. Witnesses, including the crew and Dondre’s older brother, told deputies they last saw Dondre Lewis wearing black and blue swimming trunks and jumping off the yacht into the water feet first like the other kids. Unlike the other children he did not resurface.

The deputy wrote: “Edward Lewis said his brother is not a good swimmer and he lost sight of Dondre Lewis after he went under water from jumping in.” The officer went to say Lewis also told him his brother reached for the safety line as he jumped, but missed it.

According to court documents, not only did no one go in after the submerged child to attempt a rescue, but the party continued.

The lawsuit stated: “Instead of entering the water and trying to rescue Dondre Lewis, the Vessel’s captain and crew members, as well as LuTimothy May, Sr. let him drown/ While emergency services were searching for the body of Dondre Lewis, LuTimothy May went on with the birthday party celebration, serving hotdogs, cupcakes and singing happy birthday. [Dondre’s brother] was stuck on the boat in fear for his own safety mourning the death of his beloved brother and best friend while the birthday celebration went on with his brother’s body still missing in the water. He watched in horror as the vessel’s crew members and LuTimothy May, Sr. refused to go in the water and attempt to rescue his brother.”

Besides May, the captain and steward, deputies reported there were several other adults on board including guests Lillian Smith, Damon Marioneaux, Sheila Green, and Juan Mosely, as well as another crew member, Taylor Wachtel.

There was also a video of the incident, but when I requested a copy the Escambia Sheriff's Office responded that it "is no longer in evidence due to the fact the time to hold it has expired." According to the sheriff’s office, May was videoing his son and some other kids from the second level of the yacht and saw Dondre Lewis jump into the water from the transom swim deck and not resurface.

The Escambia Sheriff’s Office dive team found the 12-year-old about two and a half hours later, not far from where he jumped in. Authorities called Viner Lewis and she met them at Sherman’s Cove on nearby Naval Air Station Pensacola, where they gave her the tragic news. Word of the tragedy was never fully reported as most of the people directly connected with the party and the yacht, except the family, worked to keep it out the details out of the news. 

Devastated, the Lewis’ leaned on their faith and church family for support more than ever and they attended services at Friendship Missionary the following day, grieving and seeking comfort. Viner Lewis was surprised when the yacht’s owner, Mike Papantonio, wanted to meet with her after church.

Lewis said Papantonio offered condolences and commissioned the painting of a portrait of Dondre. He also offered to support a swim program, in Dondre’s name, aimed at teaching other children to swim. She said Reverend May encouraged her and her husband, Robert, to participate in the program. I had just started working for the law firm at the time, in marketing and public relations, and was asked to work with the Lewis family and help develop the swim program supported by Papantonio and the law firm.

Over the next three years, they supported several different summer swim camps for children, from the Lewis’ church and others in the community who wanted to learn. I became better acquainted with the Lewis’, a hard-working family devoted to their children, and I got to see first-hand how much the kids enjoyed and valued learning to swim. It’s a skill that’s not only fun but extremely important in Florida. The Sunshine State is surrounded by bodies of water and is 5th in the nation for unintentional drownings of children.

Unfortunately, many kids, especially minority children, grow up without access and exposure to opportunities to learn to swim. Area swim programs meet a very real need in the community, but they cost money many families simply don’t have. The Dondre Lewis Aquatic Scholarship program was a success and made an impact while it lasted, but the support eventually dried up after legal proceedings began over the boy’s death.

According to the wrongful death suit, Papantonio allowed May to use his yacht to “further the business interests of Michael Papantonio and the law firm,” which included but was not limited to referral of possible new injured clients. The lawsuit said May had referred clients to him before and Papantonio hoped he would continue to do so.

The lawsuit contended that all the named defendants were at fault for Dondre Lewis’ death for a variety of reasons including negligence. The suit said they should have known minor children would be attending the party and swimming in deep water, but no one verified if Dondre Lewis could swim, no one was wearing a life vest, no designated lifeguard was present, and no one tried to save him.

The lawsuit stated: “Due to the gross negligence, lack of attention, want of care, recklessness and/or breaches of duty by the defendants, Dondre Lewis drowned.”

The Lewis’ attorney wrote that Dondre’s estate and his immediate family were entitled to recover damages for funeral expenses, loss of support and services, mental pain and suffering, and other allowable damages. Viner Lewis asked for a jury trial, but said she ended up settling out of court with Reverend May and Mike Papantonio. Lewis added that part of the settlement money was still yet to be paid at the time of this report.

However, the Lewis’ are more concerned about helping their family deal with the grief over Dondre’s death, especially his older brother who was there when he died. Like anyone who has lost a child knows, it’s a painful journey to rebuild life without them. There’s an empty seat at the table and in their hearts as the family continues with daily life including watching some of their other children achieve new milestones like graduation, marriage, and children of their own.

Viner and Robert Lewis also no longer attend Friendship Missionary Baptist Church, the sanctuary that once was a central part of their lives and held many good memories of Dondre. It’s also the place where LuTimothy May, to my knowledge the last person to have the painting, said he would place the commissioned painting of their son. but the Lewis’ never saw it there. To this day, Viner Lewis wonders what happened to the portrait, she has expressed her desire for it, but has never received it. Another blow to this grieving family who are now left with only memories of Dondre Lewis.  

Thank you for joining me for Sink or Swim on Gulf Coast Confidential. You can follow this story and others in the series on Spotify and YouTube.