Police said Tuesday that a vacationing U.S. Border Patrol agent was not trying to rescue a swimmer when he died Sunday at Waimea Falls.
"Further investigation indicates that the individual was trying to swim to the waterfall when he drowned," Michelle Yu, police spokeswoman, said in a statement. "It does not appear to be what was initially reported that the individual died while trying to assist the female (swimmer)."
The swimmer, a California woman, said she never asked for his help and was never in distress. Nicole Jackson, in a phone interview from Oakland, said she was upset when she read online that Kris Gungon, 31, of Imperial, Calif., died Sunday afternoon trying to rescue a woman in the pond beneath Waimea Falls.
"I don’t want anyone to think that he (Gungon) died because of me," said Jackson, who returned Monday to her home in Oakland following a Hawaii vacation.
Capt. Terry Seelig, Fire Department spokesman, said the information gathered from witnesses and lifeguards Sunday indicated that Gungon "had gone into the water to assist a person who was in trouble on the rocks."
Seelig said the department followed its protocols. "We regret that if anyone was offended," he said.
Jackson said she and her 21-year-old son swam out to the falls at about 4 p.m. Sunday.
When she got there, Jackson said she was tired and told her son and her ex-husband, who was on the shore, that she wanted a life jacket to help her get back to shore.
"I was fine," said Jackson, recalling that she was holding onto a rock waiting for "someone to bring the jacket."
Jackson said she spoke with Gungon, who was at the park with his wife and infant daughter, before she entered the pool. "He was in the water before I got in. I remembering telling him how really cold the water was," Jackson said.
Jackson said Gungon swam out to her and disappeared underwater.
"He came up again, the second time," Jackson said, "trying to reach for a rock. It was really slippery and then he slipped under again."
At that point a lifeguard on a board came out to her, and Jackson told him, "I think he’s in trouble. He’s been down there for a minute or two." Jackson said the lifeguard dived and then came up, saying he didn’t see anything.
Jackson said she kept insisting to lifeguards that Gungon hadn’t resurfaced.
After an ambulance and firetruck arrived, Jackson said she remembered Gungon’s wife telling authorities on shore that her husband suffers from asthma.
An autopsy was conducted Monday, but the medical examiner’s office has not yet determined the cause of death, pending further investigation. Police have classified the case as an unattended death until the autopsy is completed.
Jessica Lani Rich of the Visitor Aloha Society of Hawaii released a statement for the Gungon family, which said, "There’s no way to describe how awesome Kris was. What he was a great husband, a great father. He was a great friend, he was a great son, an awesome family member. He was pretty funny. There is a hole in our hearts today and we will miss him."
