GA - Suspicion over heat death of Cooper, 22 mo., Cobb County, June 2014, #5

[JudyBolton]

They have no way of knowing if he "wasn't going anywhere." We have no way of knowing if it was a "good investigation." He seemed to have a LOT of suspicious things going on, and that justifies probable cause.

I again recommend this article which quotes 3 eye witnesses. They ALL AGREE that he was not acting normally - for a distraught parent - So given the fact that LE handcuffed him and warned him of his language and these 3 witnesses thought something was up.......I believe this all was considered when they decided to arrest him.

Eyewitness Edward Cockerham, 49, told MailOnline: ‘I was interviewed by the police last night and I told them I thought the guy was acting, he was really over-reacting to the situation.

'I know he had lost his baby but he was acting up more than he should have been. It seemed like acting to me. When he pulled in and people started asking him what had happened, he said that the baby had just started choking. - witness Rodney Smith

http://www.dailymail.co.uk/news/art...ake-supporters-think-twice.html#ixzz368lmSQ1g

 

[Davia18]

My son is 26 months so a bit older however even a few months ago if we got somewhere and he thought for one second I wasn't letting get out he screams mom go mom go. There has been times I have went to my grandparents or my parents and ran in and left him along with my 9 and 10 year olds in the car and he drives my other kids crazy because he will scream until I get back mom go mom go. He even tries to unbuckle himself which thankfully he can't do. It tears at my heart to think what little Cooper went through.

 

[MissJ]

If he had, without intent, caused the death of his child or someone else, in the commission of an unlawful act that was not a felony he could be charged with involuntary manslaughter.



But he did cause the death of his child through the commission of an unlawful act that was a felony:



http://law.onecle.com/georgia/16/16-5-70.html

Personally, I think a child roasting to death in a hot car would constitute 'cruel or excessive physical or mental pain' but I realize some wouldn't agree.

ITA.:drumroll:

 

[nursebeeme]

They should have cited him for whatever and then waited to arrest him until they had a case. I can not believe he has not gotten bail yet.

What bothers me most in cases is when I feel like there is a rush to judgment or arrest and all the facts are not in yet.

I am not accusing anyone if being in a conspiracy here. Don't know where that came from.

he was denied bail (it is in the media thread)

I think we will know more thursday at the probable cause hearing as to what their case is.:twocents: How are we to really know they do not have a case (bbm) 12 search warrants have already been released and all sws require probable cause

eta: furthermore sws are signed by a judge

 

[tlcya]

If his research of heat related deaths was mundane how could he recall it so vividly on scene with the police present. Seems rehearsed to me. Jmo

because half his afternoon was spent trying to figure out how best to "discover" his mistake in such a way to garner the most sympathy and appear the most surprised and shocked.

I suspect he was cuffed because he got over dramatic in his bid to appear sympathetic and like he had no clue all afternoon that his son lay dead in his backseat. Once cops cuffed him and removed him from the scene (audience) to interview he realized pretty quickly based on their questions and possibly their affect that they were not picking up what he was trying to lay down.

I think it was at THAT point in the course of the evening that he admitted the computer searches because he saw the writing on the wall, they were not impressed with his performance and saw it for exactly what it was.

All just :cow: and speculation based on the timeline of events as I know them

 

[ScarlettScarpetta]

he was denied bail (it is in the media thread)

I think we will know more thursday at the probable cause hearing as to what their case is.:twocents: How are we to really know they do not have a case (bbm) 12 search warrants have already been released and all sws require probable cause

I don't think he should have been denied bail. I think the child's body gave them probable cause I just don't translate that to true evidence yet.

It is just too soon for me to say he is guilty of wanting his son dead.

 

[Tawny]

If he planned it, Then he would have already taken care of the searches. He also would not have searched on his own computer.

I just don't but this guy premeditated this.

BBM

How do you know this?

I again recommend this article which quotes 3 eye witnesses. They ALL AGREE that he was not acting normally - for a distraught parent - So given the fact that LE handcuffed him and warned him of his language and these 3 witnesses thought something was up.......I believe this all was considered when they decided to arrest him.

Eyewitness Edward Cockerham, 49, told MailOnline: ‘I was interviewed by the police last night and I told them I thought the guy was acting, he was really over-reacting to the situation.

'I know he had lost his baby but he was acting up more than he should have been. It seemed like acting to me. When he pulled in and people started asking him what had happened, he said that the baby had just started choking. - witness Rodney Smith

http://www.dailymail.co.uk/news/art...ake-supporters-think-twice.html#ixzz368lmSQ1g

I agree. Something was very wrong and they did what they were supposed to do.

 

[newone]

They fold up in the child's lap.

http://www.google.com/search?q=goog...r-facing-until-2-years-old-why-not%2F;450;600

that looks ghastly uncomfortable!!! yikes I was a little kid in one of those I'd be making a lot of unhappy sounds...:tantrum:

 

[popsicle]

Still too quick. It should have been a good investigation first. He was not going anywhere.

They probably didn't want him going home and destroying evidence. jmo

 

[Tawny]

that looks ghastly uncomfortable!!! yikes I was a little kid in one of those I'd be making a lot of unhappy sounds...:tantrum:

Eh, kids are super pliable and flexible.

Compared to the risk of internal decapitation, I'll let my kid be slightly uncomfortable.

 

[Minette]

A clear motive would make a big difference in how I see this case.

Hi, RANCH! :seeya:

They don't need motive for the charges they have brought to date. All they have to prove is criminal negligence-- which doesn't require intent to commit a crime--which resulted in cruel or excessive suffering of a child. That is the cruelty to children in the 2nd degree felony. Felony murder applies in this case because a death occurred in the course of committing a felony (cruelty to children in the 2nd degree.)

That is the way the law is written, and accordingly he is appropriately charged, IMO. The argument is whether 2nd degree cruelty to children should be a felony or a misdemeanor, and I believe it should remain a felony.

ETA: The GA criminal code on cruelty to children in the 2nd degree:

(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.

 

[Linda7NJ]

Still too quick. It should have been a good investigation first. He was not going anywhere.

How much "investigation" is needed to make an arrest when you have a dead child, the car and the only other person involved isn't giving answers that make sense and can't seem to get his story straight???






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[nursebeeme]

I don't think he should have been denied bail. I think the child's body gave them probable cause I just don't translate that to true evidence yet.

It is just too soon for me to say he is guilty of wanting his son dead.

http://www.ajc.com/news/news/authorities-searched-dead-toddlers-fathers-office-/ngP33/

he had a bond hearing that was decided upon by a judge to deny his bail 24 hours after his official arrest re: arrested wed night and bond hearing was thursday night. LE searched his office before he was even arrested. (page one of media thread has other links that have more information especially about his actions at the scene as to why they had to cuff him)

 

[LisaB]

ITA! If the dad had smoked or snorted something that morning it might help explain some of his "forgetfulness."

Not sure about drug laws in GA, but would the fact that he forgot the child because he was "high" be enough to seal the deal on a felony murder? Assuming the drug use to be the precipitating felony?

 

[RANCH]

They probably didn't want him going home and destroying evidence. jmo

Did they get a search warrant for his house right away? I would hope they did.

 

[Spice]

Then they should charge him accordingly if they have enough to charge him with intentional murder.

They are charging him accordingly, Felony Murder stemming from Child Cruelty.

Those charges are about as serious as you can get. And for the record, I am not a proponent of the death penalty in any case. But that does not mean these charges don't fit.

This is not sentencing. They are the charges that he will go to trial with, if indicted.

The charges fit the crime. Belief or Non Belief in the Death Penalty aside.

 

[MyBelle]

that looks ghastly uncomfortable!!! yikes I was a little kid in one of those I'd be making a lot of unhappy sounds...:tantrum:

ITA. I think there was something about the car seat itself that triggered the hinky meter of the responding cops.

JMO

 

[RANCH]

Hi, RANCH! :seeya:

They don't need motive for the charges they have brought to date. All they have to prove is criminal negligence-- which doesn't require intent to commit a crime--which resulted in cruel or excessive suffering of a child. That is the cruelty to children in the 2nd degree felony. Felony murder applies in this case because a death occurred in the course of committing a felony (cruelty to children in the 2nd degree.)

That is the way the law is written, and accordingly he is appropriately charged, IMO. The argument is whether 2nd degree cruelty to children should be a felony or a misdemeanor, and I believe it should remain a felony.

I'm talking about myself not LE or a possible jury. I'm not sure if there's evidence to support the second degree child cruelty charge at this point.

JMO.

 

[LisaB]

If the charges hadn't already been downgraded once, I'd agree with you. Since they can still get felony murder without malice, why would they upgrade again. They won't unless it's a strategy, imo. Either to plea bargain or to make sure he's convicted of something in a compromise verdict.

The OP suggested that character witnesses would hurt him, rather than help him. Imo, character witnesses never hurt and always help. Whether he needs a bunch or just two or three critical witnesses with long term ties and no familial connection, idk. I'd say two family members and three long term friends, co-workers, etc. will be sufficient. jmo

The OP said "I doubt having numerous character witnesses is going to hurt him." S/He did not say that character witnesses would hurt him, but that they would NOT hurt him (i.e. would HELP him).

 

[popsicle]

There is no way the father could have avoided seeing or hearing his son. A 22-month-old does not sit in a rear-facing car seat nor do they eat breakfast and then instantly fall asleep. They talk, laugh, chatter, babble to themselves. I just returned from spending a week with one.

There have been cases where the parents switched their routine and the baby did fall asleep in the long commute to work and thus the parent "forgot" them. This isn't one of them, imo.

This is :scared:... we agree. :floorlaugh: