PLUM, Pa. (KDKA) – A man is facing charges in the drowning death of his 3-year-old daughter.

Police say Charles Mitchell found his daughter Ca-Nayah Mitchell at the bottom of the in-ground pool at his home in Plum last week.

“He is distraught,” Mitchell’s attorney Casey White said. “It’s been a tragic week, and he is just learning of these charges being filed against him. Quite frankly, he hasn’t had time to mourn.”

Court paperwork says Mitchell allegedly left her and his 4-year-old son alone for about five minutes.

When he returned, police say he discovered his daughter had fallen into the deep end, which investigators said was eight feet deep.

She was found at the bottom of the pool.

Ca-Nayah could not swim and wasn’t wearing a life vest.

“He was playing with his children,” said White. “He went inside for a brief moment and walked back outside and found his daughter at the bottom of the pool. He jumped in and attempted to save her.”

Ca-Nayah was transported to Forbes Regional Hospital where she was declared dead.

Mitchell is charged with involuntary manslaughter and endangering the welfare of children.

According to the criminal complaint, investigators found two open whiskey bottles and several cups filled with brown liquid on the kitchen counter. They also found empty beer cans.

The children were visiting Mitchell. Their mother, who lives in Homewood, has custody.

“My client was sober,” Whites said. “My client was not drinking. He was lucid. My client drove, followed the ambulance to the hospital with his other child. He was aware of what was going on. It was just an accident, a mistake on his part.”

He is in the Allegheny County Jail.