The Irvine Police Department recommended that charges be filed.Deputy Dist. Atty. Matthew Murphy said he considered a count of involuntary manslaughter or child abuse. But he said he changed his mind after reviewing state law and similar cases across the country, finding that charges usually are not filed in cases where a parent with no history of abuse or negligence accidentally leaves a child behind.
"Despite the feeling in our office about the tragic death of the child, the law in this area is very clear," Murphy said. "We cannot show [that the father demonstrated] conscious disregard for the safety of the child."
Other factors Murphy said he weighed included Warschauer's unquestionable love for his child, supported by dozens of witnesses and an Internet site devoted to the memory of his son, on which the professor takes full responsibility for his son's death and urges parents to be more cautious with their children.
Warschauer noted on the site that it took seven years and 14 in-vitro fertilizations to conceive his and wife Keiko Hirata's only child. Pictures show the family hugging and smiling in front of snow-capped mountains, in the swimming pool and Michael, whom they called Mikey, crawling and getting ready to take his first step. Oct. 2 would have been his first birthday.
Warschauer explained that his son was sleeping in a rear-facing car seat in the back seat. He said he was not concentrating and made a wrong turn at an intersection that led him straight to UC Irvine by habit, as he has done for 2 1/2 years.
And he said he had been up all night helping his wife with a project.
"I torture myself again and again as to how I could do such a thing," Warschauer wrote. "I got out of the car without remembering he was there ... and shattered all our dreams.... I accept 100% blame for this tragic accident."http://articles.latimes.com/2003/oct/04/local/me-hotcar4