NEGLIGENT HOMICIDEDrew Petrimoulx of KARK has given via Twitter the shape of opening statements from Prosecutor Gina Knight and defense lawyer Erin Cassinelli:
_________________ (Defendant) is charged with the offense of negligent homicide. To sustain this charge the State must prove beyond a reasonable doubt that:
[_________________ (Defendant) negligently caused the death of _________________ (victim).]
[The term "negligently" as used in this criminal case means more than it does in civil cases. To prove negligence in a criminal case the State must show beyond a reasonable doubt that _________________ (defendant) should have been aware of a substantial and unjustifiable risk that the death would occur. The risk must have been of such a nature and degree that his failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involved a gross deviation from the standard of care that a reasonable person would have observed in his situation.]
(4) "Negligently." (A) A person acts negligently with respect to attendant circumstances or a result of his or her conduct when the person should be aware of a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.
(B) The risk must be of such a nature and degree that the actor's failure to perceive the risk involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation considering the nature and purpose of the actor's conduct and the circumstances known to the actor.
See, e.g., Gill v. State, 2015 Ark. 421
* "We don't convict people of crimes because of accidents."
* "Wade did not do or fail to do anything. His brain failed him."
* "If you're capable of misplacing your cellphone or leaving coffee on top of car, potentially capable of this.
* Judge was tired from staying up w teething son, thinking about violent defendant and anniversary.
* Thomas "was their world... Took every precaution" to ensure his safety.
* "Wade was an amazing and very attentive father."
* "The defendant put himself first that day."
KARK reports that people, including jurors, teared up when the defense played a police recording of the initial response when Naramore called authorities after discovering to his horror his child was in the car and unresponsive.
* He went to work, spa for gift certificate, lunch, meat market, Kroger, liquor store and home w child in back seat.
* "He failed to protect his 18-month old son."
* "you're gonna hear excuses" as to why judge left son in car.
Naramore wept and was shaking as the recording played and held a prayer book. In the gallery, family members were also crying, as was Cassinelli.Testimony included accounts from officers who worked that day and a neighbor where Naramore took his child when he discovered him in his car. A cold shower didn't revive him. The audio recordings of officers who arrived had prolonged crying by Naramore and his wife, who'd been called.
The judge and several jurors also wiped away tears as they heard
Naramore cry out on the recording "I killed my baby."