Mother Leaves Baby in Car; Baby Dies

[AUTiger1]

And he was still negligent.

Yep.

[JR4AU]

And he was still negligent.

Pretty much goes without saying doesn't it?

[WiregrassTiger]

We are all negligent in some things. I have no idea about this case and realize that it could be intentional. Still, I can see how it could happen to someone who is preoccupied.

I don't think that most doctors that kill their patients do it on purpose. I can't imagine this guy doing this on purpose. Regardless of what anyone thinks of him as a parent, to me the DA needs to prove intent before I can convict this guy of anything.

If dumbass mistakes are a crime, I'll bet you can dig around in the DA's closet and find some things to charge him with, just as with most anyone else. The only difference being that it likely didn't cost a life.

So, does the mere fact that it cost someone's life make it worth adding injury to injury? Unless they find something to prove he did it intentionally or that he was under the influence, I have to let the man walk. And if that happens, the D.A. needs to be disciplined for grandstanding.

[GH2001]

Pretty much goes without saying doesn't it?

Yes but there is a faction of people who think someone who does this should be absolved from all charges. Just because they didn't mean to or it was an accident for whatever reason.

Just because the preacherman absolved you doesnt mean the state of Mississippi isnt a little more hard nosed.

[JR4AU]

Yes but there is a faction of people who think someone who does this should be absolved from all charges. Just because they didn't mean to or it was an accident for whatever reason.

Just because the preacherman absolved you doesnt mean the state of Mississippi isnt a little more hard nosed.

As a general rule we don't criminally prosecute people for accidents.  In this state (Alabama) criminally negligent homicide is a misdemeanor.   I'd be perfectly ok with that in this circumstance.  Taking responsibility doesn't necessarily mean taking whatever punishment any and all want to administer.  The punishment must fit the crime and the crime includes state of mind.

[JR4AU]

From the GA Criminal Code...

2010 Georgia Code
 TITLE 16 - CRIMES AND OFFENSES
 CHAPTER 2 - CRIMINAL LIABILITY
 ARTICLE 1 - CULPABILITY
 Â§ 16-2-1 - "Crime" defined
O.C.G.A. 16-2-1 (2010)
 16-2-1. "Crime" defined


 (a) A "crime" is a violation of a statute of this state in which there is a joint operation of an act or omission to act and intention or criminal negligence.

(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby. 



and...

2010 Georgia Code
 TITLE 16 - CRIMES AND OFFENSES
 CHAPTER 2 - CRIMINAL LIABILITY
 ARTICLE 1 - CULPABILITY
 Â§ 16-2-2 - Effect of misfortune or accident on guilt
O.C.G.A. 16-2-2 (2010)
 16-2-2. Effect of misfortune or accident on guilt


 A person shall not be found guilty of any crime committed by misfortune or accident where it satisfactorily appears there was no criminal scheme or undertaking, intention, or criminal negligence. 



My take...the DA here is going to have a long, uphill battle making a felony murder case stick.   Criminal Negligence in GA is a standard that is pretty near intent.  Higher than civil negligence.

[CCTAU]

So, a man or a woman tragically forgets their child in the car and the child dies (or some other accident) and we want to hang them.

Meanwhile, millions of women get a life sucked from their cooter and we do nothing but call it a choice. We let the ones choosing murder escape, while we want to hang the person that has been trying to be a good parent, but makes a huge mistake?

We are a sad society.

[AUChizad]

I think both "sides" agree that it's criminal negligence, no?

I don't think anyone thinks this dude killed his kid in cold blood because he wanted him to die.

But I don't get the sympathy for him as if he's the victim.

His negligence resulted in the death of his own kid. It's horrible. It's tragic. It's terrible. And he shouldn't have fuckin' done it. No more excusable than killing a kid by running him over in your car because you were fucking around on your phone and plowed through a red light. I'm not saying give him the death penalty or anything like that, but whatever the appropriate punishment is for criminal negligence is, that's what this guy deserves. I don't understand why he's being made out to be a hero and getting all charges dropped against him is the faceboook cause dejour.

[CCTAU]

I think both "sides" agree that it's criminal negligence, no?

I don't think anyone thinks this dude killed his kid in cold blood because he wanted him to die.

But I don't get the sympathy for him as if he's the victim.

His negligence resulted in the death of his own kid. It's horrible. It's tragic. It's terrible. And he shouldn't have fuckin' done it. No more excusable than killing a kid by running him over in your car because you were fucking around on your phone and plowed through a red light. I'm not saying give him the death penalty or anything like that, but whatever the appropriate punishment is for criminal negligence is, that's what this guy deserves. I don't understand why he's being made out to be a hero and getting all charges dropped against him is the faceboook cause dejour.

Well. somebody already stated that criminally negligent homicide is a misdemeanor.

Is that acceptable?

[WiregrassTiger]

I think both "sides" agree that it's criminal negligence, no?

I don't think anyone thinks this dude killed his kid in cold blood because he wanted him to die.

But I don't get the sympathy for him as if he's the victim.

His negligence resulted in the death of his own kid. It's horrible. It's tragic. It's terrible. And he shouldn't have fudgein' done it. No more excusable than killing a kid by running him over in your car because you were fudgeing around on your phone and plowed through a red light. I'm not saying give him the death penalty or anything like that, but whatever the appropriate punishment is for criminal negligence is, that's what this guy deserves. I don't understand why he's being made out to be a hero and getting all charges dropped against him is the faceboook cause dejour.

Maybe I don't understand the legal aspect of it, nor do I care to. Cause most lawyers are queers. But I'm just a saying that the fellow could have just fucked up and he'll pay dearly for it the rest of his life regardless of what the courts do.

I don't know the man or much about the case. But I can see how someone could accidentally do this. It doesn't make them a bad parent in my book. I personally know two people who ran over their kids. One died. It was tragic. It was most definitely an accident. The death caused lasting problems. But I know that it wouldn't have done anyone any good to charge either of the parents with any crime. It would have been ridiculous.

Everything in life isn't so cut and dry. Again, I don't know anything about this particular case other than what I've read here. I'm only saying that the fact a guy leaves his kid in the car and kid dies, should not automatically mean that he gets charged with any crime.

[AUChizad]

Well. somebody already stated that criminally negligent homicide is a misdemeanor.

Is that acceptable?

I guess so. If that's the law. Because that's what he did. He was criminally negligent.

Everything doesn't have to be so extreme one way or the other. He deserves whatever the law dictates. He doesn't deserve life in prison, but he doesn't deserve a fuckin' parade in his honor for killing his kid.

People are so quick today to pick extreme sides of every fuckin news story and make the subject either a hero and a victim or a monster deserving of death by firing squad. Can't this guy just be a dumbass and still be culpable for the horrible consequences of his dumbassery?

[WiregrassTiger]

I guess so. If that's the law. Because that's what he did. He was criminally negligent.

Everything doesn't have to be so extreme one way or the other. He deserves whatever the law dictates. He doesn't deserve life in prison, but he doesn't deserve a fudgein' parade in his honor for killing his kid.

People are so quick today to pick extreme sides of every fudgein news story and make the subject either a hero and a victim or a monster deserving of death by firing squad. Can't this guy just be a dumbass and still be culpable for the horrible consequences of his dumbassery?

Is not the sucking of cock against the law in at least some state or township in the U.S.? I would think there would be some old law on the books regarding this. And if so, you need to stay clear of these places.

[JR4AU]

I think both "sides" agree that it's criminal negligence, no?



His negligence resulted in the death of his own kid. It's horrible. It's tragic. It's terrible. And he shouldn't have fuckin' done it. No more excusable than killing a kid by running him over in your car because you were fucking around on your phone and plowed through a red light.

I do not necessarily agree that it's criminal negligence as I read the Georgia Criminal Code. And I strongly disagree with your comparison to texting while driving it being comparable

[WiregrassTiger]

I do not necessarily agree that it's criminal negligence as I read the Georgia Criminal Code. And I strongly disagree with your comparison to texting while driving it being comparable

But do you agree that AUChizad sucks the cock?

[JR4AU]

But do you agree that AUChizad sucks the cock?

Yes.

[GH2001]

I think both "sides" agree that it's criminal negligence, no?

I don't think anyone thinks this dude killed his kid in cold blood because he wanted him to die.

But I don't get the sympathy for him as if he's the victim.

His negligence resulted in the death of his own kid. It's horrible. It's tragic. It's terrible. And he shouldn't have fuckin' done it. No more excusable than killing a kid by running him over in your car because you were fucking around on your phone and plowed through a red light. I'm not saying give him the death penalty or anything like that, but whatever the appropriate punishment is for criminal negligence is, that's what this guy deserves. I don't understand why he's being made out to be a hero and getting all charges dropped against him is the faceboook cause dejour.

What this guy said ^^

No hanging. But no walk free either.

Not sure why that is so hard to understand.

But as to what degree he is punished in the realm of negligence, that is JR's area of expertise. I just know murder is much. And walking free of all charges is a little much.

[CCTAU]

What this guy said ^^

No hanging. But no walk free either.

Not sure why that is so hard to understand.

But as to what degree he is punished in the realm of negligence, that is JR's area of expertise. I just know murder is much. And walking free of all charges is a little much.

Sterilization should be mandatory. No reason to jail the guy. But in no way should he be sent to jail on a murder charge.  Too many prosecutors are looking to make the big splash instead of realizing the truth of the matter.
I find these types of prosecutors to be as bad as the defense attorneys for the worst of us.

[JR4AU]

Sterilization should be mandatory. No reason to jail the guy. But in no way should he be sent to jail on a murder charge.  Too many prosecutors are looking to make the big splash instead of realizing the truth of the matter.
I find these types of prosecutors to be as bad as the defense attorneys for the worst of us.

Nothing gained for society to imprison him.  To punish him via the criminal process serves no greater good and the criminal law really does not contemplate this type situation.  Moreover, a greater number of folks than I thought feel that his life long guilt is the greatest consequence he will ever have.  Im actually surprised to see this seems to be the manority sentiment and I agree with it.  I would not argue, though, with a criminally negligent homicide charge even though it appears to me even that does not fit the GA version of it.

[WiregrassTiger]

So, if the kid was in the car when they went to chick-fil-a that morning and went back to his car at lunch, I'm suspicious.



Tuscaloosa man charged in Georgia death of toddler son went to his SUV at lunch, warrant shows
Print
Carol Robinson | crobinson@al.com By  Carol Robinson | crobinson@al.com   
Email the author | Follow on Twitter
on June 25, 2014 at 9:32 AM, updated June 25, 2014 at 10:43 AM

COBB COUNTY, Georgia - A Tuscaloosa man charged in the death of his toddler son in Georgia went to his car midday, where 22-month-old Cooper Mills Harris was strapped into a rear-facing car seat and later pronounced dead.

A new warrant was issued Wednesday, changing charges against Justin "Ross" Harris from first- to second-degree child cruelty, according to Fox 5 Atlanta. Harris, 33, is also charged with murder.

According to the warrant made public Wednesday by a Cobb County magistrate, Harris placed Cooper into the rear-facing car seat of his 2011 Hyundai Tucson after eating at Chick-Fil-A on Cumberland Parkway, which was near Harris' Home Depot office. Cobb County police spokesman Officer Mike Bowman said he doesn't know what time Harris and his son were at Chick-Fil-A that morning.

Harris then drove to his office a couple of blocks away, and left his son strapped into the car seat in the SUV while he went into work. During lunch, the warrant says, Harris went back out to his car and was seen opening the driver's side door to put something in the vehicle.

[GH2001]

So, if the kid was in the car when they went to chick-fil-a that morning and went back to his car at lunch, I'm suspicious.



Tuscaloosa man charged in Georgia death of toddler son went to his SUV at lunch, warrant shows
Print
Carol Robinson | crobinson@al.com By  Carol Robinson | crobinson@al.com   
Email the author | Follow on Twitter
on June 25, 2014 at 9:32 AM, updated June 25, 2014 at 10:43 AM

COBB COUNTY, Georgia - A Tuscaloosa man charged in the death of his toddler son in Georgia went to his car midday, where 22-month-old Cooper Mills Harris was strapped into a rear-facing car seat and later pronounced dead.

A new warrant was issued Wednesday, changing charges against Justin "Ross" Harris from first- to second-degree child cruelty, according to Fox 5 Atlanta. Harris, 33, is also charged with murder.

According to the warrant made public Wednesday by a Cobb County magistrate, Harris placed Cooper into the rear-facing car seat of his 2011 Hyundai Tucson after eating at Chick-Fil-A on Cumberland Parkway, which was near Harris' Home Depot office. Cobb County police spokesman Officer Mike Bowman said he doesn't know what time Harris and his son were at Chick-Fil-A that morning.

Harris then drove to his office a couple of blocks away, and left his son strapped into the car seat in the SUV while he went into work. During lunch, the warrant says, Harris went back out to his car and was seen opening the driver's side door to put something in the vehicle.

Shut your yap. The man's a hero by gawdd!