Reserve police officer leaves infant in car--baby dies (Texas)

[Horse with no Name]

I just can't understand how ANYONE can "forget" a child.
How the hell does that happen?
This was a law enforcement official that did it--and of course, no charges have been filed.:mad:

http://www.zwire.com/site/news.cfm?newsid=17029789&BRD=1994&PAG=461&dept_id=226369&rfi=6

>>>>snip
LINDALE - Authorities said a 4-month-old baby died Tuesday after her father, a Lindale Police Department reserve sergeant, left her in his pickup in a parking lot outside City Hall.

Authorities said the girl had been in the pickup since Tuesday morning. Temperatures in the area approached 100 degrees by about 3 p.m., when the officer reportedly realized he had forgotten the baby and called other officers for help.

>>>>snip
Authorities said they had not filed any charges and Petty, 34, was not under arrest. He and other family members were inside City Hall meeting with Mayor James Ballard, who is also a police chaplain.

[Lars39]

1. They're not going to charge him?

:grr:

[sgxnk]

4. as usual, prejudgment before facts

it does not say they will not charge him

it says no charges have been filed

do u understand the distinction?

the former question is yet to be determined

[Horse with no Name]

17. Ahh we meet again

just for a reference point:

http://www.lamarcountyattorney.com/04news.html#anchor101804

It wasn’t the kind of story you like to read, this front page story in The Paris News on Wednesday, March 5, 2003:

“Couple arrested after baby left in car outside bar.” (this baby lived)

A 39-year-old man and his 33-year-old wife, both of Paris, left their 3-month-old daughter in a parked car while they partied inside a nude cabaret off U.S. 271 south of the airport.

They were arrested, jailed and indicted on charges of child abandonment and endangerment, and their child was taken away from them, placed in the care of Child Protective Services.

http://www.kidsincars.org/actualcases/Hyperthermia.htm

Mother's Boyfriend Accused In Baby's Death

HOLLYWOOD, Fla. -- Police arrested a man today who they say left his girlfriend's baby in a hot car anywhere from 45 minutes to three hours.

"The ER doctors are telling us (the baby's) body temperature was over 108 degrees," said Tony Rode of the Hollywood Police Department. Rode said there were also other signs of a crime on Trent Peterson's body, including blisters that indicated severe heat.
The child's mother, Danielle Peterson, has not been charged, but police are still investigating her. Peterson's boyfriend, Thomas Wade Jr., 20, is charged with aggravated manslaughter.

Police say they suspected Wade from the beginning of their investigation.


>>>snip
FGate.com
August 20, 2004

2-year-old boy dies in locked van; mother arrested

A 2-year-old boy died of heat exhaustion in Healdsburg on Thursday after his allegedly intoxicated mother left him and his 4-year-old brother in a locked van in 90-degree heat for about eight hours, police said.

The mother of Liam Paulsen, 35-year-old Rena Corban, apparently began drinking in the morning and passed out on a couch when she returned home around 10 a.m. after running errands with the children, according to Healdsburg police Sgt. Toni Pinochi.

Corban, who was reprimanded by authorities for leaving her child alone in a car before, is currently being held without bond on suspicion of murder in Sonoma County jail. Pinochi said a child endangerment charge is also pending.

The father, 39-year-old Justin Paulsen, found the children in the van when he returned around 6 p.m. from his job at a local winery to the family's home at 209 Hummingbird Court, police said.


>>>>>snip

n late July, an Anoka County grand jury indicted a 38-year-old man on a charges of second-degree manslaughter-child endangerment after he left his 4-month-old-son alone in his car seat in a Blaine parking lot for nearly eight hours. Kevin Daley told police he thought the child had been dropped off at day care, a part of his daily routine.

Gullickson didn't say how long Jacob Loesch had been in his mother's vehicle. There didn't appear to any obvious signs of trauma to the child, Raupp said.

It wasn't immediately clear whether heat or dehydration might have been a factor in the baby's death.

Everyone he's talked to has strong emotions about the boy's death, Gullickson said.

>>>>snip
CHILD LEFT IN CAR; MOTHER ARRESTED

KANSAS CITY, Kan., 7:04 a.m. CDT August 3, 2001 -- Police took a 24-year-old Kansas City, Kan., mother into custody Thursday after her baby was left unattended in a car, KMBC's Jeremy Hubbard reported.

Hubbard said that a guest at the American Inn located near Interstate 70 and 78th Street heard the child's cries for help.

"It was blood red, just screaming, and its whole head was soaking wet. I don't know how long it had been in there," Shane Arnold said.

Arnold discovered the baby while walking through the hotel parking lot. He heard the screams of a child coming from a car.

He looked in the back seat of the car and found a 13-month-old child.

"I was mad. It was just aggravating. It really is," Arnold said.

The window was down, so Arnold reached in, unbuckled the car seat and grabbed Isaac .


Now, if you read through this entire site, you will see incidences of kids being left inside cars--generally the ones with "Un-American" names are the ones arrested and charged, but if you dig a little further you will find that the ones that happened around "church families" and "good people" are not charged.

[sgxnk]

20. and again completely irrelevant to my point...

my point was that, contrary to what was implied... it did not say he would not be charged (see: future tense)

it said he had not been charged.

there is a distinction that was not understood

[Horse with no Name]

23. the distinction that I made

Most are arrested on the spot--with charges to come later.
This didn't happen.

[sgxnk]

27. not that it is relevant to my point

but your case does not prove that most are arrested on the spot

it shows that OF THE MEDIA REPORTS you ferreted out, most were arrested on the spot

it certainly does not prove your point. and it goes against my experience and training as a police officer

in order to prove your point you would have to present much more compelling evidence than anecdotal examples of arrests being made. because those don't account for cases where arrests are not made

regardless, those are tangential

[phillinweird247]

41. What are you a cop?

If it was you or me we would be arrested on the spot.
The baby died after all from negligence.

[sgxnk]

56. that is not true

(that we would be arrested on the spot)

quite frequently in cases of this ilk... i've investigated many, fwiw... this is what happens

you need to distinguish between summary arrest, and arrest pending investigation handed off to prosecutors

for those claiming/inferring etc. that there will not be charges filed

nothing of the sort has been determined

the case will be investigated, handed off to the prosecuting attorneys and then THEY (as is always the case) will make the final determination as to charging or no charging. (apart from the grand jury process, but i digress, since that is another charging venue for felonies)

the point is that many are ASSUMING that no charges will be filed (nowhere in evidence)

that is not in evidence

what was said is that no charges have been filed yet

the standard procedure in cases like this, is NOT for "summary arrest"

it is for police to conduct an investigation, to hand it to the prosecutor's and then for a decision to be made. in some jurisdictions, an inquest process can be used as well to assist in charging and exploratory matters

regardless, so many people want to rush to judgment assuming a massive coverup, double standard applying to police officers etc.

absurd

lets wait for the facts to come out, not to mention that one should have at least an understanding of what TEXAS law says vis a vis neg homicides.

regardless, summary arrests are RARELY made in cases like this, and i speak as a person who has investigated scores of deaths - accidental and otherwise.

it's an investigative process.

when somebody is suspected of a violent intentional act like knifing somebody, then a summary arrest is made given PC

if there is risk of direct evidence on the person, a summary arrest is also made (like a DUI homicide) etc.

but in cases like this, that is rarely the case AT THE SCENE. an investigation is conducted first

what i find typical is the rush to judgment.

[Lars39]

26. They're already cutting him slack because he has a badge.

[sgxnk]

28. you are already prejudging

without the facts. imagine that

[Lars39]

29. Baby died..he was responsible.

[sgxnk]

30. amazing ignorance of the law

the law varies from state to state.

the case facts also vary

without the facts, or a knowledge of that state's laws regarding negligent homicides, i have no idea if he was CRIMINALLY responsible, which is what charging refers to

are u aware of the relevant statute(s) in this state, and significant case facts to make a determination as to criminal liability?

i am not aware of those facts. so, i don't PREJUDGE like you

[Lars39]

32. Simply amazing what some cops will say or do to cover another cop's ass.

[sgxnk]

36. you are just being prejudiced

u r ignorant of case facts & criminal law, but u assume special treatment without those facts

that's called prejudice

im not assuming anything, because unlike prejudiced people like u... i form an opinion AFTER i know the facts

i have no idea whether he will ber charged, or if he should be

prejudice is wrong

[High Plains]

52. You can pretend people aren't usually arrested for this if it makes

you feel any better. This smells like another case of "professional courtesy," where cops give other cops a break when normal citizens would be arrested or ticketed.

[sgxnk]

55. please read; distinction between summary arrest and investigation pending

repeated from another post
i am not pretending anything. i am explaining the difference between summary arrest and investigation pending charging. the latter is par for the course in these types of cases

for those claiming/inferring etc. that there will not be charges filed

nothing of the sort has been determined

the case will be investigated, handed off to the prosecuting attorneys and then THEY (as is always the case) will make the final determination as to charging or no charging. (apart from the grand jury process, but i digress, since that is another charging venue for felonies)

the point is that many are ASSUMING that no charges will be filed (nowhere in evidence)

that is not in evidence

what was said is that no charges have been filed yet

the standard procedure in cases like this, is NOT for "summary arrest"

it is for police to conduct an investigation, to hand it to the prosecutor's and then for a decision to be made. in some jurisdictions, an inquest process can be used as well to assist in charging and exploratory matters

regardless, so many people want to rush to judgment assuming a massive coverup, double standard applying to police officers etc.

absurd

lets wait for the facts to come out, not to mention that one should have at least an understanding of what TEXAS law says vis a vis neg homicides.

regardless, summary arrests are RARELY made in cases like this, and i speak as a person who has investigated scores of deaths - accidental and otherwise.

it's an investigative process.

when somebody is suspected of a violent intentional act like knifing somebody, then a summary arrest is made given PC

if there is risk of direct evidence on the person, a summary arrest is also made (like a DUI homicide) etc.

but in cases like this, that is rarely the case AT THE SCENE. an investigation is conducted first

what i find typical is the rush to judgment.

[High Plains]

57. "Summary arrests are RARELY made in cases like this."

I don't have any more evidence about the truthfulness of that statement than you've provided, which is none. On the other hand, I have seen numerous stories, including some posted above, where people are in fact arrested johnny-on-the-spot for similar offenses/accidents. There is at least the appearance of a double standard here.

Hey, I'm not saying the guy is guilty of innocent of anything. Just that it appears he was treated differently from many civilians caught in similar circumstances.

[sgxnk]

58. i'm telling you

that in my experience (i've been to scores of death scenes and read case studies of scores of others), a summary arrest is not par for the course

summary arrests are par for the course where there is evidence of a long pattern of abuse/neglect. like where a cop comes into a house and finds a baby lying on the floor in its own feces with rat bites all over it, emaciated, etc.

or where there is evidence the parent attempted a coverup etc.

or where there is PC that a violent intentional felony occurred, etc.

but in general, in this type of case, a summary arrest is not seen as the way to go

if u don't believe me, feel free to find your local deputy prosecutor or homicide cop

this is my experience and my training

feel free.

if i had responded to this scene, i would have gotten a very detailed statement from the father

i would not have arrested him, based on the facts as i have read in the newspaper article

under the laws of my state. i am not aware of TX law specifically, as i admitted

the RCW that seems closest would be

RCW 9A.32.070 Manslaughter in the second degree.
(1) A person is guilty of manslaughter in the second degree when, with criminal negligence, he causes the death of another person.
(2) Manslaughter in the second degree is a class B felony.

and here is what the law says about "criminal negligence"

note the "reasonable man" standard and the 'gross deviation" standard. these are very different from the far more objective standards seen in most types of crimes - murder, assault, etc

that is part of the reason why police conduct inveswtigations and hand them off to prosecutors for review...

d) CRIMINAL NEGLIGENCE. A person is criminally negligent or acts with criminal negligence when he fails to be aware of a substantial risk that a wrongful act may occur and his failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable man would exercise in the same situation.
(2) Substitutes for Criminal Negligence, Recklessness, and Knowledge. When a statute provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly, or recklessly. When recklessness suffices to establish an element, such element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts intentionally.
(3) Culpability as Determinant of Grade of Offense. When the grade or degree of an offense depends on whether the offense is committed intentionally, knowingly, recklessly, or with criminal negligence, its grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense.

[Lars39]

Let's wait and see if the mayor can keep the officer's ass out of jail.

[LincolnMcGrath]

2. People make mistakes. Sometimes they make fatal ones.

What an awful situation.

[Skidmore]

7. True. This happened to a woman here in Iowa and people

were calling for murder charges against her. Let's see of the officer gets similar treatment.

[LincolnMcGrath]

10. I know of a lady who backed over her baby with a lawn mower.

And a couple of cases around here where folks have backed over babies with vehicles. :scared: A new white hair pops out on my head every time I hear of a new tragedy.

[seabeyond]

24. no, lets not. and lets not see the woman in iowa receive those

charges either.

[mopinko]

3. no black woman

would be walking around now. charge this idiot. now.

[sgxnk]

21. yawn

boring racist identity politics.

what's new?

[ProdigalJunkMail]

46. nice job of inserting race where race has nothing to do with it...

good god...

sP

[kurth]

5. Why hasn't anyone invented a child-inside-hot-car alarm?

Make it sound like a burglar alarm, for instance.

[soothsayer]

11. Or a fan that automatically (solar?) sucks hot air out of yer car

Seriously, right up on the roof or in a window. Heck, someone on that inventors show on abc invented one to protect your dogs while in the car. Can totally be done! All cars should have 'em, or at least have the option.

[progressivebydesign]

14. They sell those on TV.. n/t

[theHandpuppet]

40. It's called the auto cool

https://www.officialtvwebsite.com/auto-cool/index.asp?did=632&phone=1-800-901-7934&refcode=OTW1g

All parents and pet owners should have at least one.

[wicket]

44. Ohhhhhh, that's the one I saw on TV!

I posted one below that I thought I had seen, but it was the wrong one (and more expensive than the one you posted). I have no children and only house-bound cats but I may still get one for our car, getting into an oven is no fun.

[ProdigalJunkMail]

45. the idea is great but the advertising is crap

it shows a blatant lie in the temp differences between the cars. If you look closely at the 'different' temperature gauge readings you will notice that they are shooting through the same windshield while claiming it is two different cars. It also claims to lower the temp in the car more than 30 degrees...hogwash.

sP

[RebelOne]

54. Had one of those. Piece of crap.

[wicket]

16. Already exists actually:

I saw this one advertised on TV just the other day:

http://www.brandsonsale.com/solar-car-fan.html

[WinkyDink]

51. It was a kid, too. Smart boy!

[LincolnMcGrath]

12. What a great idea

[midnight]

49. You have a great entrepreneur idea there.

[MrCoffee]

6. These stories always make me sick.

That poor girl.

[nini]

8. Tragic..... I've heard of this before...

when the parent isn't the one who normally takes the child to day care etc.. They get in the car and go into auto-pilot and forget the child is there. If the kid is asleep and not making noise they simply forget.

It sucks and it's easy to slam him. I wouldn't want to be that guy for anything right now. He will NEVER forgive himself. It's truly a tragic situation.

[ulysses]

15. well said.

Like a kick in the gut to me just reading it. I can't imagine what he felt the second he realized what he'd done.

[murielm99]

18. We had a situation like that here.

The guy who left his child in the car all day was a teacher. He was not the one who usually took the child to day care. He was not charged with the child's death.

He quit his job, left the area and lost his marriage. I think he paid a very high price, not to mention the life of his child.

[midnight]

50. I think that the tragedy is so awful.

You are right that he will never forgive himself. Also the marriage has a small chance of surviving- after the loss of a child. Plus we are aware of the preferential treatment some people in society get because of their money and connections,or both. Too bad everyone who experiences a tragedy like this could not be afforded the same understanding as people with money or connections.

[nini]

59. I agree

However, I remember a "mom" around here somewhere who left her kid in the car while she went in a bar and drank all afternoon. I had zero sympathy for her. She knew she was living the kid there. This guy didn't.

I wish justice was fair on all levels - unfortunately regardless of the 'crime' some will get the benefit of the doubt before others. I doubt I will live long enough to see that change :-(

[CornField]

9. The loss of a child is torture

If it was an accident this man will probably kill himself (outside in or inside out). My sympathies to the family.

[progressivebydesign]

13. What a terrible story. That poor family.

This has happened in the past, and the parents are not usually charged... UNLESS it is obvious they knew the child was in there.

[seabeyond]

19. she was probably in back seat. it was probably out of normal

routine. it is sad, horrible and one of those, oh god give me a do over. i have tons of empathy for what this man will live with for the rest of his life. and i hurt for all of them. mostly the baby. i always had my kids. i would never forget, because it would never be out of routine me having kids. so i could easily say i dont understand. be disgusted, be mad, judge..... but i do understand. and each and every time this happens i just feel immense sadness. he will live a hell for a lifetime

[bleedingheart]

22. I had a former boss forget his kid in the car...

he was an uncaring selfish bastard...
the plant worker who found the baby in the car and who got the plant manager to get the kid out got a reprimand for taking a smoke break....it was as if he wanted that kid to suffocate in that car ...

[acmejack]

37. What a guy.

I think I worked for that jerk once.

[valerief]

38. That's my take on these people who leave their kids in cars.

I think they're all just Susan Smithing them.

[seabeyond]

42. that is a sad way to see the world

i also think you are so wrong.

[nini]

47. well, it's a black and white world for you isn't it?

You cannot judge any parent that does this without knowing more details.

What hell on earth for those parents who did make the ultimate mistake. I cannot even imagine having to deal with all of that.

[jilln]

25. A couple years ago, another Texas policeman left his dog in the car...

and the dog died. I believe no charges were filed. Not even for "destruction of police property".

I find this outrageous. Any member of the public could be charged for these crimes. Yes, it was unintentional and sad in both cases, but that's why charges such as "manslaughter" exist.

[ScreamingMeemie]

31. People make horrible mistakes. I left my beloved and well cared

for Sheltie in the car. (I did not realize MrG had let her in before I went to pick up my daughter). Luckily, for me, I keep aware of where she is and she was only left in their for a half hour, but I shudder to think of what could have happened if I had been distracted. It is, in both the child and the dog cases, a terrible tragedy. The punishment, I imagine, being having to wake up with it for the rest of one's life. I am only luckier than these two...

[jilln]

34. But that's not the law.

If you extended that to everyone, that would be fine. But some people, ie police, routinely get preferential treatment after "making mistakes" the rest of us would be in jail for.

[ScreamingMeemie]

35. The last woman (who happened to be a black woman) who

left her child in the car was not charged here in Detroit. I believe it has to do with intent.

Knowing you are leaving the child in the car (i.e. getting one's hair done) v. an unintentional tragedy.

[sgxnk]

60. to clarify

and i realize the laws vary from state to state

the issue is whether or not the father was CRIMINALLY negligent. clearly, to some extent he was negligent. but criminal negligence must meet certain tests. criminal negligence requires (generally) a gross deviation from an expected standard of care, WHEN the person is in some sort of caretaker position

here's what WA state says about criminal negligence

d) CRIMINAL NEGLIGENCE. A person is criminally negligent or acts with criminal negligence when he fails to be aware of a substantial risk that a wrongful act may occur and his failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable man would exercise in the same situation.
(2) Substitutes for Criminal Negligence, Recklessness, and Knowledge. When a statute provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly, or recklessly. When recklessness suffices to establish an element, such element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts intentionally.
(3) Culpability as Determinant of Grade of Offense. When the grade or degree of an offense depends on whether the offense is committed intentionally, knowingly, recklessly, or with criminal negligence, its grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense.

[porphyrian]

33. Lindale needs reserve policemen?

Is that like Army reserve who is also a policeman, or is there some kind of periodical happening in Texas that requires extra policemen to be on call? I know the story's really about the horrible death of a baby due to negligance, but I'm trying to understand the "reserve policeman" bit.

[Horse with no Name]

39. In smaller towns

we don't have a complete police force or a complete fire department.
So basically these are people who have been through the training but agree to be on a reserve force that isn't budgeted or salaried.
We have reserve policemen, reserve deputies and reserve firefighters.

[porphyrian]

43. OK, that makes sense now.

I'm familiar with reserve fire deparments.

[Kailassa]

48. Anger and blame are all too easy.

But no parent is always perfect all the time.
As no sane parent will ever forgive themselves
if they did such a terrible thing by accident,
our anger is pretty superfluous.

I just shudder, and thank god none of my mistakes
have had deadly consequences.

[sgxnk]

53. reading comprehension 101

for those claiming/inferring etc. that there will not be charges filed

nothing of the sort has been determined

the case will be investigated, handed off to the prosecuting attorneys and then THEY (as is always the case) will make the final determination as to charging or no charging. (apart from the grand jury process, but i digress, since that is another charging venue for felonies)

the point is that many are ASSUMING that no charges will be filed (nowhere in evidence)

that is not in evidence

what was said is that no charges have been filed yet

the standard procedure in cases like this, is NOT for "summary arrest"

it is for police to conduct an investigation, to hand it to the prosecutor's and then for a decision to be made. in some jurisdictions, an inquest process can be used as well to assist in charging and exploratory matters

regardless, so many people want to rush to judgment assuming a massive coverup, double standard applying to police officers etc.

absurd

lets wait for the facts to come out, not to mention that one should have at least an understanding of what TEXAS law says vis a vis neg homicides.

regardless, summary arrests are RARELY made in cases like this, and i speak as a person who has investigated scores of deaths - accidental and otherwise.

it's an investigative process.

when somebody is suspected of a violent intentional act like knifing somebody, then a summary arrest is made given PC

if there is risk of direct evidence on the person, a summary arrest is also made (like a DUI homicide) etc.

but in cases like this, that is rarely the case AT THE SCENE. an investigation is conducted first

what i find typical is the rush to judgment.

[ScreamingMeemie]

61. Why the broad brush? Some of us have not rushed to judgment.

In fact, most of us have not. Bad day??