Arizona girl, 2, left in car by father on 109-degree day and is found dead #2

[NuttMegg]

Have there been very many hot car death cases that sent a bio parent to prison for life?

Here's one in GA, 20 years in prison, 13 month old baby, body temp 107, left 5 hours

 

[NuttMegg]

So I guess the big question is:

Does the defendant have to be charged with 2nd or manslaughter, to get something less than the charged 1st degree murder?

 

[abyquinn]

I've missed a lot here, but murder 1 must have some mandatory range of sentencing? Or is it simply lwop. Would differ from state to state. I think.

The 1st degree was Life, the Child Abuse was 10 to 24 (17yrs) - these were flat time. No early parole, no time off for good behavior. He was going to die in prison if convicted.

The notice tonight said nothing about the Child Abuse charge. I hope that charge isn’t being dropped. The 20 to 30 yrs is hard enough to swallow. At least with the CA charge together we know he will spend at least 37 years in prison. Not what seems appropriate in this case but better than 20 years.

 

[NuttMegg]

Ok, I'm happier now. Yes in Arizona judge can instruct jury that they can find 2nd or manslaughter even if charged only with 1st degree. Per AI. But is it the same judge who let him ofg without bond??

 

[abyquinn]

So I guess the big question is:

Does the defendant have to be charged with 2nd or manslaughter, to get something less than the charged 1st degree murder?

They go with the steepest charge in this case Murder1, if the jury doesn’t think the state proved 1st degree they have the choice of Murder 2, then manslaughter 1, manslaughter 2 etc, etc Otherwise the choice would be Murder 1 or acquittal. That would be awful!

 

[NuttMegg]

They go with the steepest charge in this case Murder1, if the jury doesn’t think the state proved 1st degree they have the choice of Murder 2, then manslaughter 1, manslaughter 2 etc, etc Otherwise the choice would be Murder 1 or acquittal. That would be awful!

Yeah that would be awful! But I don't think I've seen anything that proves premeditation in killing the baby. So without premeditation it has to slide down to at most 2nd degree (plus child abuse which seems inevitable to me, given that hot car baby death is one of the specific examples).

 

[abyquinn]

With their plea offer being 20-30 years, doesn't that mean that if he is found guilty by a jury trial, that his sentence will be longer than that?

Judge Ortiz told him if he goes to trial and found guilty of Murder 1 it is a mandatory Life w/o parole, plus 10 to 24 (17 yrs) for Child Abuse.

The jury could decide that Murder1 isn’t appropriate then Murder2, Manslaughter 1 or 2 etc.

 

[abyquinn]

Yeah that would be awful! But I don't think I've seen anything that proves premeditation in killing the baby. So without premeditation it has to slide down to at most 2nd degree (plus child abuse which seems inevitable to me, given that hot car baby death is one of the specific examples).

The Murder 1 charge was set by the Grand Jury because her death was caused by Child Abuse. Not due to premeditation. The original charge was Murder2.

 

[NuttMegg]

2nd degree, child under 15 yrs

 

[abyquinn]

Have there been very many hot car death cases that sent a bio parent to prison for life?

Not a lot. Usually hot car deaths are caused by an accident the fact that Christopher intentionally left Parker in the car, an act of Child Abuse causing death is what upped his charge to Murder1 which the judge said was a mandatory Life w/o parole.

I’m usually not in favor of charging a parent who loses a child in a hot car. Usually there is nothing the state can do to punish those parents any more than they are doing to themselves. Usually. I swear if Christopher wasn’t charged with causing Parker’s death I could 100% see him suing the car manufacturer for the car not alerting him when it shut off the AC. His being charged with her death kind of closed the door on that opportunity.