Family wants police to investigate drowning death of 28-year-old man in Virginia Beach

New video possibly provides clues
Posted at 11:38 AM, Dec 07, 2021
and last updated 2021-12-07 17:49:20-05

VIRGINIA BEACH, Va. – The family of a man who died in a lake a month ago wants answers from the Virginia Beach Police Department.

News 3 is investigating video provided to us by the family that possibly shows the final moments before 28-year-old Marvin Enrique Fuenez Garay wound up in the lake.

Through the family attorney, Gary Byler, the family said the truck in the video was the truck Marvin used for work.

In the video, you can see the door to the truck open, and something or someone possibly rolls out. Marvin's family said they got the video from a nearby neighbor.

Byler said the family does not speak English and is upset by the way the investigation has been handled.

Authorities searched the lake twice near the 700 block of Lake Edward on November 6 and 7. Police say on November 6 around 2 p.m., Virginia Beach Emergency Communications (VBECCS) received a report that a man had possibly fallen into the water and had not resurfaced.

When crews arrived, they were told the man had entered the lake hours earlier at approximately 10:45 a.m.

Police, fire crews, and EMS personnel deployed to the scene, with marine resources to scan the water. Searches were directed along the shoreline, as well as a physical search of the water by using side scan sonar. Recovery efforts were eventually suspended due to inclement weather, police said.

A second search was conducted on November 7 by members of the Virginia Beach EMS, the Virginia Beach Fire Department and the VBPD Special Operations Bureau to include the Dive Team and Aviation Squad, which used drone technology.

Crews again combed the shoreline and used rescue boats, and divers physically entered the water attempting to locate the missing man to no avail.

The family said after the search was suspended by authorities, members of the Hispanic community and loved ones got a boat and went out on the water to search for Marvin. They said they retrieved his body and pulled it out of the water.

Police said on the evening of November 8, a body surfaced and was recovered.

The family is upset there has been no investigation into what happened.

In a letter to the family attorney, the police said they are looking into this as an accidental drowning.

News 3 has sent the video given to us from the family attorney to the police department and has asked several questions about the case.

VBPD gave News 3 the below statement:

"The Virginia Beach Police Department (VBPD) expresses their condolences to the family of Mr. Marvin Enrique Fuenez Garay for his untimely passing. On the evening of December 6th, 2021, the VBPD was made aware of the family’s belief that there may be suspicious circumstances regarding his death. Detectives will certainly evaluate all information relayed to them; however, at this point in the investigation there is no indication of foul play and all known information continues to point to an accidental drowning. We continue to wait for an official autopsy report to confirm the manner of death, as well as toxicology results. We empathize with the family for their loss and ask that if anyone has additional information for our detectives to consider, to please bring it to our attention. "
Virginia Beach Police Department

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