North Texas Defense Attorney Says Father "Overcharged" In Child's Death
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MELISSA (CBSDFW.COM) - Neighbors say they're stunned Michael Thedford faces a manslaughter charge after being accused of leaving his six-month-old daughter in their van for four hours.
"I just saw him being happy with his kids running around or going to school with a smile on his face and spending time with his family," said neighbor Fabiola Contrera.
The probable cause affidavit says the 33-year -old father had just returned home from dropping off his two older children at daycare.
The document says, "Thedford indicated he forgot the child was in the vehicle, went inside the home and went to sleep..." After waking up and realizing what happened, "Thedford brought the child into the house and placed the child into the refrigerator (while keeping the door open) for an undetermined length of time prior to calling 911. He then placed the child on the kitchen floor and attempted CPR." But she was declared dead.
"He made a terrible, terrible mistake," said Todd Shapiro, a North Texas defense attorney who does not represent Thedford.
Shapiro says Collin County should not have filed a manslaughter charge against Thedford.
"I think the police, I think they overcharged him," said Shapiro.
That's because he says manslaughter means the defendant would have to be conscientiously aware of the risk and conscientiously disregarded the substantial and justifiable risk of the situation.
He says the facts don't show that.
"I think at the very best, you have a negligent situation here and very possible you don't have any criminal liability at all when you look at the actions that he took," said Shapiro.
"It's heart-breaking since on Sunday, he was having so much fun with his family and enjoying his father's day, and then yesterday, the life-changing - he goes from being happy with everyone to being sad," said Contreras.
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