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United States News Title: Cop Who Killed His Own Son By Leaving Him in a Hot Car All Day, Not Charged — Because He’s a Cop In yet another example of privilege granted to those who work for the system, an officer from Rome, New York, will not be charged in the death of his infant son, who perished after being left in inside a hot car for 8 ½ hours. Officer Mark Fanfarillo left his 4 ½-month-old baby, Michael, in his car during the summer for nearly nine hours but Oneida County District Attorney Scott McNamara refused to press charges. According to local WSYR-TV, the D.A. said Fanfarillo first realized hed abandoned the baby in the car when his wife contacted him to say Michael had never been dropped off at the familys daycare provider. Fanfarillo, McNamara explained, rushed out to the car after that call and found his sons lifeless body. Although Fanfarillo relentlessly attempted to resuscitate the baby, the effort was ultimately unsuccessful. As McNamaras office said in a statement: The facts and evidence in this case do not reach the threshold required for criminal liability, which, in New York, demand a person must fail to perceive that a substantial and unjustifiable risk will result from their conduct. A lapse or loss in memory is insufficient proof to satisfy the legal requirement of failing to perceive a risk something more is required. According to McNamara, the officer placed Michael in the back seat to drop his elder child at daycare though he typically didnt bring the youngest along for the ride. After returning home, Fanfarillo simply forgot the baby was strapped into his carseat, did a few chores, and fell asleep while Michael suffered in oppressive summer heat, eventually dying of hyperthermia, over 8 ½ hours later. The law in our state recognizes a fundamental difference between the offender who leaves a child in a car knowing that the child is there but wrongly failing to appreciate the risk of such conduct, and a person who walks away from a vehicle after having forgotten that the child was still inside of it, the district attorneys statement explained. Fanfarillos cooperation with authorities also played a role in the district attorneys decision not to prosecute including both his willingness to submit to drug and alcohol testing (which found neither) and choice not retain an attorney during the course of the investigation as did his lack of prior history of negligent or abusive behavior. There is no evidence to suggest this is anything more than a tragic accident, McNamara noted, as syracuse.com reported. Unfortunately prosecutors see tragic accidents all the time that do not arise from criminal conduct and therefore do not result in homicide prosecutions. While the death of Michael at the hands of his feckless father does, indeed, appear to be a tragic and highly avoidable accident, decisions not to press charges against parents for leaving children to perish in sweltering vehicles disproportionately favor those in law enforcement and other occupations of State authority. In May 2015, as The Free Thought Project reported, Assistant Public Defender Young Kwon accidentally killed his 16-month-old son in strikingly similar circumstances. In soaring 92-degree heat, Kwon forgot to drop the infant girl at daycare and left her in the oppressively hot car for several hours until a family member inquired about the child. Kwon also rushed to try to save the infant but the heat had already killed her. In that case, the Sheriff refused to arrest the man, specifically noting he and the mans wife, Assistant State Attorney Wendy Kwon, routinely interacted with his department. Unsurprisingly, no charges were filed and the couples attorney, a public defender, specifically emphasized the Kwons were excellent and dedicated parents. And in another instance of blatant bias, Garland County Circuit Judge Wade Naramore wasnt prosecuted after picking his 2-year-old son Thomas up from daycare and forgetting to bring the child inside his home. Thomas endured four hours in crushing heat before the judge realized the mistake too late to save his life. Naramore, also, was never arrested and didnt face consequences for neglecting to free the child from the car. In striking contrast, the same law enforcement department immediately arrested civilian Mandy Wilson for the same neglectful leaving of a child in a car, and charged her with Endangering the Welfare of a Minor. A couple in Florida left their 11-month-old child in a car in a Walmart parking lot for 39 minutes when they emerged from the store, waiting police promptly arrested the pair and charged them with neglect. In Arizona, also in a Walmart parking lot, another woman without a State job was also arrested for leaving her child trapped in a vehicle. In fact, the list of average, ordinary, non-cop, non-judicial system, non-State employees charged for the exact same leaving of children in impossibly hot vehicles whether the incidents proved lethal or not is endless, as can be found with a simple online search. Just as endless are the same incidents where no arrests or no charges were ever handed down when one or both parents works for The Man. So, while McNamara might have explained New Yorks conditions for such arrests, the fact is, authorities will find a way to prosecute parents for neglectfully leaving their kids in hot cars unless they have such connections, in which case they will find a way not to. Delivered by The Daily Sheeple Post Comment Private Reply Ignore Thread Top Page Up Full Thread Page Down Bottom/Latest
#1. To: Deckard (#0)
What a sad and disgusting story. That cop should be put to death, in the exact same manner !!
Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. if you look around, we have gone so far down the the rat hole, the almighty is going to have to apologize to Sodom and Gomorrah, if we don't have a judgement come down on us. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood "I am concerned for the security of our great nation; not so much because of any threat from without, but because of the insidious forces working from within." -- General Douglas MacArthur
I wonder if there is any truth to this, and if there is why a law was passed that made this distinction.
All US governments, that is to say, local, county, state and federal employee officials have priviledge over US citizenry in a court of law. This has been true for decades because of "state priviledge" irrespective of the issue confronted by any court.
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