Special Prosecutor Scott Ellington
filed today the bill of particulars requested by defense in the pending negligent homicide
case against Judge Wade Naramore,
whose 18-month-old son died last summer after being accidentally left more than a half day in a car on a hot day in Hot Springs.
The filing lays out the prosecution's argument for criminal negligence, as opposed to simple negligence in the case. It is, he said, a "gross deviation" from standard of care where an actor should have been fully aware of the risk and recklessly disregarded it. The filing cites a similar hot car death decided in 2009, where a variety of circumstances resulted in caretakers leaving a child in a car. The court said that was a close case, but deferred to a jury's decision that the defendants should be held liable for letting three hours pass without finding the child.
The filing also gives the fullest detail yet of events that transpired delay, much of it recorded below.
The fact that the judge forgot the child 25 minutes after placing him a car seat was a "gross deviation" from the standard of care a reasonable person should have provided, the prosecutor said. It resulted in the child being left unattended in the car for more than six hours. Naramore realized his error when driving back to his office after lunch.
The defense has argued that the state must prove intent, based on another precedent. "The state freely admits that the defendant did not intend to kill his son. If the state had proof of purposely, knowing or reckless behavior, the state would have charged the defendant with a felony.
"Instead, not finding purposeful or knowing or even reckless conduct on the part of the defendant, the state charged him with negligent homicide."
The case had been scheduled for trial, but was delayed because the prosecutor said he needed more time to prepare for a defense witness on "forgotten child" deaths.