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Patricia Denise Allen was arrested Friday on one count of injury to a child. The Texas mother is facing the second degree felony because three of her five children drowned in an Irving apartment complex pool in June.

Police had initially ruled the deaths accidental but released a statement Friday saying they had discovered facts that made it a criminal offense.

9-year-old Treshawn and  11-year-old Anthony were taken to the hospital and put on life support, but died a day later and 10- year-old August died soon after arriving to the hospital after the incident.

Authorities said none of the kids knew how to swim and that Allen had her back turned to the older children while tending to her toddlers.

According to FOX

According to the arrest warrant affidavit, “A witness that was at the pool prior to the drownings said that he believed the defendant to be texting and using her cell phone while she was attending to the 3-year-old on the side of the pool.”

The affidavit also says, “Even though the defendant was facing her children, she did not recognize that her children had disappeared under the surface of the water until the witness had come inside the pool area.”

“The water was still,” said Officer James McLellan with the Irving Police Department. “There were no bubbles. There was nothing to indicate that it was a struggle, so they may have been under for a while and it was at that point that the mother stepped up and offered her 3-year-old child to those witnesses, asked them to tend to her, then began trying to get into the pool and begin this rescue effort.”

Police say despite the three deaths, they only filed one count of injury to a child.

“This is a difficult case,” said McLellan. “This lady has suffered the loss of three of her children and we don’t believe she set out to in any way to harm these children.”

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