if the reason that he didn't 'remember' his son was because he was so distracted by sexting, and immature thoughts, then he still deserves to be punished, in my opinion. He was a grown man, in charge of his young child. He has no right to allow himself to be 'distracted' by sexting minors instead of thinking about the vulnerable child in his care.
That is like saying that it is not his fault if his son toddled out into the street or fell into the pool, because Dad was so distracted by a video game or a Tinder App. That is not a legal or valid excuse to avoid criminal charges, in my opinion. That is criminal neglect and manslaughter if the reason one cannot remember 3 minutes later than your son is in your car, is because you ate distracted by sending a picture of your member to a teen girl. Not a valid excuse, in my opinion. And not a true accident like one in which a man works a night shift, takes a child to day care unexpectedly, and spaces out and forget due to over work and routine change. I feel sorry for that kind of INNOCENT accident.
ETA: not at all directed at you Cuffem. I appreciate you sharing your thoughts.