LOUISVILLE, KY (WAVE) - The father who police said left his baby in the car while was at work will not be charged with any crime. A grand jury determined Thursday there was not enough evidence to indict Michael Lindsay for the death of his 8 month-old boy.
Commonwealth's Attorney David Stengel said he would have been surprised if Michael Lindsay was indicted on the second degree manslaughter charges they presented to the jury. He said all the evidence in the case proves the death of Lincoln Lindsay was an accident.
By the time police got to Michael Lindsay's home in Louisville's northeast side on June 18, it was too late for his son Lincoln. Police said the 8-month old was left in Michael's car all day while he was at work. When he realized what happened, Stengel says Michael first went to his wife who is a doctor. Even that wasn't enough to convince them his son died intentionally. "It wasn't like a cover up or anything. It was just you would normally go to the person you knew could or hoped could handle this type of thing," said Stengel.
Stengel said the couple had just returned from a trip to Japan and was living out of boxes in their new home. They had no routine. Lincoln was in a rear facing car seat in the back of the vehicle. "The way he was at the scene was horribly distraught. I don't think anyone would have indicted him."
He said Michael was prepared to tell the Grand Jury what happened that hot June day. They decided not to hear his testimony. "I said a few words to him and he tried to respond and couldn't even talk. He's having a very rough time right now."
Stengel said he hoped Lincoln's death will be a lesson and a reminder to all other parents to be careful when it's hot and your child is in a car.
Stengel said they based their possible charges against Michael on state law and past similar cases. He said there is a specific section in the description of manslaughter second charges that deals with children under the age of 8 left in a hot car.
Tuesday, April 20 2010 11:21 PM EDT2010-04-21 03:21:00 GMT
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