What is criminal neglect if not this . . . . . .

Following is a news item in our Independent. I hope someone can explain to me why this is not criminal neglect.

 

Nearly a year after 4 yr old Yoni Gottesman drowned in a swimming pool at the Cathedral Oaks Athletic Club, the

local District Attorney's office announced there was "insufficient basis" to file criminal charges in the case. The decision--

which was publicly released at a press conference last week--was an outrage to the boy's family and their lawyer.

According to the victim's father, the family plans to file an appeal and bring a civil suit against the Goleta based athletic

club and those on pool duty when the boy drowned. At the root of their argument is an approximately 7 minute security

video showing Yoni lying motionless on the surface of the water just a few feet from the lifeguard, camp counselors, and

swim instructors.  The prosecution also points out that the summer program Yoni was attending was not properly permitted.

Though he refussed to comment on the potential civil suit, the DA offered that the lifeguard "may have been inattentive

and may not have done the job he was supposed to have done," but it didn't amount to criminal negligence.

 

Could anyone out there give me an example of criminal negligence?