Father who left child in hot car charged with murder

Cobb has also indicated they are awaiting autopsy results. The charges could change. But I don't think it will pass the "wilful" test.
 
Madea said:
Cobb has also indicated they are awaiting autopsy results. The charges could change. But I don't think it will pass the "wilful" test.
I saw that. Perhaps they are just doing a little "CMA" pending results?
 
It took me a while to get through the story because it is all so heart-wrenching. :'( I debated about posting it, but while hard to read I thought it one of the better pieces written on these type of tragedies. Good people do this, smart people do this, everyday people that you would never think would make this type of mistake, do. :(
 
An attorney friend of mine posted the story earlier. He also appeared on the 5 o'clock news giving a legal opinion on the issue. Within minutes he was receiving hate email.
 
Winchester said:
His stupidity and neglectful actions took the life of a child. To me it's no different the driving drunk and killing someone in a wreck.

Sadly, the DA's office will plea bargain this to either involuntary homicide(misdemeanor) or voluntary homicide and release him time served with a few years probation.

I have no sympathy for those who cause the death of a child, willfully or by stupidity.
If stupidity was a crime we'd all be in jail at one point. Most parents have "neglected" their kid once or twice, yes, all of us. That one time we turned our back or walked out of the room when potential danger was present or a slight possibility. Most of the time, by pure luck, we don't have to deal with the death of our child. My son is a perfect example, no doubt it was just pure luck he is still with us. I remember my grandmother telling me of one of her siblings who died as an infant after pulling a pot of boiling water onto himself from the stove. They lived in a two room house...all 13 of them. I like the way the article stated it, "an imperfect world." Unless the father tests positive for substance abuse or an elevated alcohol level, or has a record of DFAC visitations I think it's fair to say it was a horrible mistake, one the father won't need a jury to convict him on any worse than he and the child's mother have already done. He will serve his sentence the rest of his life. Again from the article, if there is no intent then is it really a crime? I doubt very serious he woke up that morning and planned the outcome of his day as it unfolded. The older I get the more I realize just how thoughtless I can be about things, especially if my routine is interrupted in any way. I'm a creature of habit and repitition, any changes easily get me off my daily routine. If it's revealed that the dad was a bum, otherwise neglectful, abusive, or addicted to substances then I will gladly change my stance but until then I will pray for him and his family and friends who are now forced to deal with this heartbreaking, and yes, preventable loss.
 
J-man said:
Winchester said:
His stupidity and neglectful actions took the life of a child. To me it's no different the driving drunk and killing someone in a wreck.

Sadly, the DA's office will plea bargain this to either involuntary homicide(misdemeanor) or voluntary homicide and release him time served with a few years probation.

I have no sympathy for those who cause the death of a child, willfully or by stupidity.
If stupidity was a crime we'd all be in jail at one point. Most parents have "neglected" their kid once or twice, yes, all of us. That one time we turned our back or walked out of the room when potential danger was present or a slight possibility. Most of the time, by pure luck, we don't have to deal with the death of our child. My son is a perfect example, no doubt it was just pure luck he is still with us. I remember my grandmother telling me of one of her siblings who died as an infant after pulling a pot of boiling water onto himself from the stove. They lived in a two room house...all 13 of them. I like the way the article stated it, "an imperfect world." Unless the father tests positive for substance abuse or an elevated alcohol level, or has a record of DFAC visitations I think it's fair to say it was a horrible mistake, one the father won't need a jury to convict him on any worse than he and the child's mother have already done. He will serve his sentence the rest of his life. Again from the article, if there is no intent then is it really a crime? I doubt very serious he woke up that morning and planned the outcome of his day as it unfolded. The older I get the more I realize just how thoughtless I can be about things, especially if my routine is interrupted in any way. I'm a creature of habit and repitition, any changes easily get me off my daily routine. If it's revealed that the dad was a bum, otherwise neglectful, abusive, or addicted to substances then I will gladly change my stance but until then I will pray for him and his family and friends who are now forced to deal with this heartbreaking, and yes, preventable loss.
Well said sir.
 
Madea said:
An attorney friend of mine posted the story earlier. He also appeared on the 5 o'clock news giving a legal opinion on the issue. Within minutes he was receiving hate email.

:(
 
J-man said:
Winchester said:
His stupidity and neglectful actions took the life of a child. To me it's no different the driving drunk and killing someone in a wreck.

Sadly, the DA's office will plea bargain this to either involuntary homicide(misdemeanor) or voluntary homicide and release him time served with a few years probation.

I have no sympathy for those who cause the death of a child, willfully or by stupidity.
If stupidity was a crime we'd all be in jail at one point. Most parents have "neglected" their kid once or twice, yes, all of us. That one time we turned our back or walked out of the room when potential danger was present or a slight possibility. Most of the time, by pure luck, we don't have to deal with the death of our child. My son is a perfect example, no doubt it was just pure luck he is still with us. I remember my grandmother telling me of one of her siblings who died as an infant after pulling a pot of boiling water onto himself from the stove. They lived in a two room house...all 13 of them. I like the way the article stated it, "an imperfect world." Unless the father tests positive for substance abuse or an elevated alcohol level, or has a record of DFAC visitations I think it's fair to say it was a horrible mistake, one the father won't need a jury to convict him on any worse than he and the child's mother have already done. He will serve his sentence the rest of his life. Again from the article, if there is no intent then is it really a crime? I doubt very serious he woke up that morning and planned the outcome of his day as it unfolded. The older I get the more I realize just how thoughtless I can be about things, especially if my routine is interrupted in any way. I'm a creature of habit and repitition, any changes easily get me off my daily routine. If it's revealed that the dad was a bum, otherwise neglectful, abusive, or addicted to substances then I will gladly change my stance but until then I will pray for him and his family and friends who are now forced to deal with this heartbreaking, and yes, preventable loss.

EXCELLENT post.
 
I have a source who read the search warrants in this case. Unfortunately we can't rely on the news for all the information. I found it very difficult to believe, but it appears quite deliberate.

Keep in mind that the police don't show up in an incident such as this and jump to conclusions. A LOT of hours, investigation and interviews went into this case before the arrest was made.

All I should say at this point. Love you long time...
 
Grey Colson said:
I have a source who read the search warrants in this case. Unfortunately we can't rely on the news for all the information. I found it very difficult to believe, but it appears quite deliberate.

Keep in mind that the police don't show up in an incident such as this and jump to conclusions. A LOT of hours, investigation and interviews went into this case before the arrest was made.

All I should say at this point. Love you long time...
Changed my mind...not on what you said, but what I posted. I felt I should just wait.
 
Winchester said:
His stupidity and neglectful actions took the life of a child. To me it's no different the driving drunk and killing someone in a wreck.

Sadly, the DA's office will plea bargain this to either involuntary homicide(misdemeanor) or voluntary homicide and release him time served with a few years probation.

I have no sympathy for those who cause the death of a child, willfully or by stupidity.

That's why I think the DA went for First Degree, so a plea bargain can be made.
 
Grey Colson said:
I have a source who read the search warrants in this case. Unfortunately we can't rely on the news for all the information. I found it very difficult to believe, but it appears quite deliberate.

Keep in mind that the police don't show up in an incident such as this and jump to conclusions. A LOT of hours, investigation and interviews went into this case before the arrest was made.

All I should say at this point. Love you long time...
Well that's a big disappointment. I'll crawl back into my shell and go back to sleep now.
 
ShoeDiva said:
Grey Colson said:
I have a source who read the search warrants in this case. Unfortunately we can't rely on the news for all the information. I found it very difficult to believe, but it appears quite deliberate.

Keep in mind that the police don't show up in an incident such as this and jump to conclusions. A LOT of hours, investigation and interviews went into this case before the arrest was made.

All I should say at this point. Love you long time...
Changed my mind...not on what you said, but what I posted. I felt I should just wait.

What most everyone thought was MY first thought. And that thought was that he maybe wasn't in the routine of taking his baby to day care and went straight to work without a thought. Heck, I can be 2 miles from home, remember I need to stop at the store on the way and the next thing you know I'm pulling into my driveway... :BH

Who would think different? My next thought was how HORRIFIED I would be to find out that my actions resulted not only in the death of my child, but one of the most hideous deaths you would think of. Believe me, I was stunned to hear that it was anything short of a terrible, TERRIBLE accident.
 
Grey Colson said:
I have a source who read the search warrants in this case. Unfortunately we can't rely on the news for all the information. I found it very difficult to believe, but it appears quite deliberate.

Keep in mind that the police don't show up in an incident such as this and jump to conclusions. A LOT of hours, investigation and interviews went into this case before the arrest was made.

All I should say at this point. Love you long time...

I've seen the arrest warrant too.
 
I was initially upset that he had "no bond" and wouldn't be out to attend a funeral service.

My friend posted this on Facebook: "the magistrate who did the first appearance and who issued the warrant does not have the authority to set bond on Murder. Only a superior court judge has that authority. So while I agree that there may or may not be more to the story, we can't assume or infer anything from the "no bond" status. It requires a hearing in superior court."
 
Here's the arrest warrant:


Personally came P M Stoddard who makes oath before a Magistrate of this Court that Justin Ross Harris (hereinafter called the accused) AKA: did, on 6/18/2014 at 04:23 PM at 2955 Akers Mill RD, Atlanta in the County of Cobb, Georgia, commit the offense of CRUELTY TO CHILD-1ST DEGREE, felony(F) violating O.C.G.A, Section 16-5-70(a),for that said accused being a parent, guardian, or other person supervising the welfare of or having immediate charge of custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized, to wit: said accused did leave a 22 month old juvenile male unattended and
strapped into a child car seat in a parked vehicle for approximately 7 hours during daytime hours after which the child was found deceased. The outside temperature at 1716 hrs that day was 88 degrees per Dobbins Air Force Base Weather Service;
on 6/18/2014 at 04:23 PM commit the offense of MURDERFELONY(F) violating O.C.G.A, Section 16-5-1,for that said accused did commit the offense of HOMICIDE-MURDER DURING COMMISION FELONY (F) violating O.C.G.A., section 16-5-1(c), for that said accused did commit the offense of murder when, in the commission of a felony, said accused did cause the death of another human being irrespective of malice, to wit: said accused did commit the felony offense of CRUELTY TO CHILD FIRST DEGREE, 16-5-70(b), by leaving a 22 month old male juvenile unattended in a parked vehicle while strapped into a car seat for approximately 7 hours during the daytime which resulted in the death of the juvenile. The outside temperature at 1716 hrs that day was 88 degrees per Dobbins Air Force Base Weather Service;
and affiant makes this affidavit that a warrant may issue for the arrest of the accused.
 
J-man said:
Winchester said:
His stupidity and neglectful actions took the life of a child. To me it's no different the driving drunk and killing someone in a wreck.

Sadly, the DA's office will plea bargain this to either involuntary homicide(misdemeanor) or voluntary homicide and release him time served with a few years probation.

I have no sympathy for those who cause the death of a child, willfully or by stupidity.
If stupidity was a crime we'd all be in jail at one point. Most parents have "neglected" their kid once or twice, yes, all of us. That one time we turned our back or walked out of the room when potential danger was present or a slight possibility. Most of the time, by pure luck, we don't have to deal with the death of our child. My son is a perfect example, no doubt it was just pure luck he is still with us. I remember my grandmother telling me of one of her siblings who died as an infant after pulling a pot of boiling water onto himself from the stove. They lived in a two room house...all 13 of them. I like the way the article stated it, "an imperfect world." Unless the father tests positive for substance abuse or an elevated alcohol level, or has a record of DFAC visitations I think it's fair to say it was a horrible mistake, one the father won't need a jury to convict him on any worse than he and the child's mother have already done. He will serve his sentence the rest of his life. Again from the article, if there is no intent then is it really a crime? I doubt very serious he woke up that morning and planned the outcome of his day as it unfolded. The older I get the more I realize just how thoughtless I can be about things, especially if my routine is interrupted in any way. I'm a creature of habit and repitition, any changes easily get me off my daily routine. If it's revealed that the dad was a bum, otherwise neglectful, abusive, or addicted to substances then I will gladly change my stance but until then I will pray for him and his family and friends who are now forced to deal with this heartbreaking, and yes, preventable loss.

Cobb PD's spokesman made a statement this morning that there is more to this story then what has been publicly released. MORE charges may be coming.

And yes, I've been a strong supporter of a new criminal law called "Criminal Stupidity" and while we are at it, "Aggravated Ugliness" would be a good one too!

I understand everyone is saying that it was an accident. That's fine, I believe is was an accident also. But so is vehicle homicide. This man's actions resulted in the death of a child. WHAT IF... that had been your child he left inside the car? Who's protecting the rights of this child that died from his stupidity and carelessness? You do not just forget you have a child in the car when the day care was in the same building he worked in. There are no excuses in this!

Cobb PD has done the right thing in filing these charges and LETTING THE COURTS DECIDE.
 
Boss 302 said:
Winchester said:
His stupidity and neglectful actions took the life of a child. To me it's no different the driving drunk and killing someone in a wreck.

Sadly, the DA's office will plea bargain this to either involuntary homicide(misdemeanor) or voluntary homicide and release him time served with a few years probation.

I have no sympathy for those who cause the death of a child, willfully or by stupidity.

That's why I think the DA went for First Degree, so a plea bargain can be made.

The normal procedure is to file the highest related charge possible and then let the Grand Jury uphold or reduce the charges, or drop the charges all together. But as GC stated above, there is more to this story then what you have heard in the media!

We all have an emotional attachment to this story... but we ALL must remember that what you see and hear in media is not always true and correct. And a good L.E. Agency will not disclose everything (if anything) in the media. That info should ONLY be released in Court!
 
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