Parents of Western NC sailor make $7M claim against Navy after overboard death

Parents of a sailor from Henderson County who was lost at sea are waiting for the U.S. Navy to respond to their $7 million negligence claim, which says David "Dee" Spearman should not have been on deck without a life jacket after multiple fainting spells.

Lee Spearman, who lived in Etowah with his wife Dee and children, and ran Karolina Kremes ice cream shop until moving to Tennessee in April, spoke with the Citizen Times Aug. 22, saying he was conflicted about filing the claim.

He did so on the last day of eligibility for filing, July 31, 2024, almost two years after Dee's Aug. 1, 2022 death.

Spearman said for two years, he gathered information about his son's death and the claim process, considered whether he wanted to move forward and prayed.

"We're a very pro-military family. My stepfather's a retired master chief in the Navy, my father-in-law's a retired master chief in the Navy, my dad was in the Airforce, my uncle is retired National Guard," he said.

"I didn't want to discredit the military, but at the same time, my son was 19 years old. And I don't want to see this happen to somebody else."

Should the Navy deny the claim or not respond by Jan. 31, 2025, the Spearmans can bring a federal lawsuit.

The Navy Judge Advocate General's Corps confirmed in an email to Spearman it had received the claim. JAG Corps spokesperson Patty Babb declined to comment to the Citizen Times, saying, "the Navy does not comment on individual claims."

'They're not taking me seriously'

The Spearmans, who adopted eight children, including Dee, encouraged their son to join the Navy as a way to fulfil some of his goals of seeing the world, getting an education and developing useful skills.

He reported to the USS Arleigh Burke, a more than 500-foot-long destroyer based in Spain, in April 2022.

He excelled at his job and was one of the hardest working junior sailors, crew members of the USS Arleigh Burke said in interviews conducted by Navy investigators after his death.

But the seaman recruit started experiencing health problems, fainting at least four times, once while steering the ship and another while on a ladder when he fell and cut his head, according to a Naval Criminal Investigative report given to the Citizen Times by the Spearmans.

While medical treatment was provided, Dee Spearman told his father his commanding officers needed to do more.

"The last time I talked to him, he was in Helsinki. That's when he said to me, 'They're not taking me seriously. Something is really wrong, and I don't know what it is,'" his father said.

On Aug. 1, 2022, four months after joining the Arleigh Burke, he was assigned to work on the deck of the ship while it was in the Baltic Sea. He went overboard and began screaming and struggling to stay afloat, as recounted in the report by emotional interviews with crewmates who described him as giving, generous and hardworking. He was not wearing a life jacket, the report said.

"I loved Spearman," said a crewmate whose name was redacted in the report. "He was one of the most generous and respectful people I ever met."

A rescue attempt using a small boat, and a rescue swimmer did not succeed though both appeared to come very close to Spearman who was struggling in waves then went under. His body was never found.

The Navy Safety and Occupational Health Manual requires "an inherently buoyant life preserver (IBLP) or auto-inflatable utility life preserver to be worn topside when the potential exists of falling, slipping, being thrown or carried into the water."

In a memo attached to the investigative report, Capt. E.D. Sundberg the commander of the destroyer squadron, recommended the commander of the Naval Safety Command change the manual to give "additional specificity" for "defining the ships edge and when a life preserver should be worn."

Lee Spearman said after his health problems, his son should have never been assigned to work on the deck. No requirement was made that he wear a life jacket while on deck despite his fainting history, he said.

"It was tragic neglect," Lee Spearman said.

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Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He's written award-winning stories on topics ranging from gerrymandering to police use of force. Got a tip? Contact Burgess at jburgess@citizentimes.com, 828-713-1095 or on Twitter @AVLreporter. Please help support this type of journalism with a subscription to the Citizen Times.

This article originally appeared on Asheville Citizen Times: Parents of Western NC sailor make $7M claim against Navy after overboard death