http://www.roanoke.com/noah-thomas-...cle_ef8530da-abe1-5e92-b0a7-4a062f43ad94.html
<snipped> BBM;
"The evidence presented in the case so far leaves open the possibility that Noah somehow got into the septic tank himself. An investigator testified Wednesday that the lid to the tank wasnt heavy.
After several hours of testimony Wednesday, Whites attorney public defender Kelsey Bulger made a motion to dismiss the felony homicide charge, saying that the prosecution hasnt presented enough evidence to prove Noahs death was directly a result of the neglect that would be needed to convict.
According to Virginia code,
felony homicide is the killing of one accidentally, contrary to the intentions while in the prosecution of some felonious act.
Since MOD is undetermined, i.e.; we do not know if Noah climbed in, fell in or was placed in the septic tank, the PD made a successful motion to drop the felony murder charge. "Killing" is an act - "I was smoking crack and fell on him and accidently stabbed him with my screwdriver".
Whereas "I was asleep and he took off the cover and fell in" is not "Killing". Sure it's neglect.
I am unsure if dropping the charge of homicide means that it cannot be brought again since we do not know if it was dismissed with or without prejudice. But if MOD cannot be determined there will not be probable cause even for a GJ indictment, IMO.
Since the toxicology was negative for substances in his system, I am off the train for her drugging him. Possibly even for knowing he was in there at all but we really, in all truthfulness do not know that. The scratches on his abdomen could indicate that he was leaning over the opening and fell or even that he struggled and fought against being put there.
Without MOD there is no evidence BARD that can be brought against her. Unless the investigation is ongoing then no other charges will be brought.
I will say that if things are the way they appear, then the spotty releasing of info by LE has been grossly unfair to this mother even though she was a neglectful parent.
I still have my doubts because of the, as yet, unknown condition of Baby A, but I do know that social workers can exaggerate the condition of a child and turn a simple head cold into a major malady when there is an investigation.
I cannot imagine the guilt these parents will suffer if this was truly an accident, but sorry, leaving them unattended and alone is irresponsible and neglectful, regardless.
MOO