Mom was distracted by phone as 3 kids drowned

The Irving, Texas, mother whose three kids drowned in an apartment complex pool is out on bail after cops charged her with injury to a child.

"It is a second-degree felony. And by statute, that is punishable between two and 20 years in prison and a $10,000 fine," said Officer James McLennan with Irving PD.

Patricia Allen was arrested Friday. She posted the $50,000 bond a day later.

The deaths were initially investigated as accidental, but police said Tuesday morning new evidence from witnesses who claim Allen was on her phone and texting "constituted a criminal offense."

Paramedics were called June 24 after Allen took her five kids -- ages 3, 6, 9, 10 and 11 -- to the MacArthur Place Apartments pool.

Tragically, 11-year-old Anthony Smith, 10-year-old August Smith, and 9-year-old Treshawn Smith died after being pulled from the murky pool.

"The recklessness of her taking five young children with either no ability or little ability to swim or be in the water without a flotation devices, that is the basis of our charge," Officer McLennan said. 

Allen‘s attorney says her client‘s tearful mug shot tells the story of a tragic accident — not a crime. 

"The fact that she‘s been the focus of the attention here is outrageous to me," said Linda Turley, Allen‘s attorney. "Where the attention should have been focused from the get-go was on that pool."

According to Irving PD, the pool was so cloudy, you couldn‘t see the bottom.

"We haven‘t found anything to suggest she was anything but a good mom. To go after her is absolutely unreasonable," Turley said.

Whatever happens in court, this mom is facing a life sentence without three of her kids.