time, he s at that decision where he decides to go to work. that s where he makes that decision. after making the u-turn, where he turns right, which is the same thing he said he did when he notices the child later that day, and he decides to go on through and go to work. he decides to go back out to that car, and he decides to wait until the car s past and you heard from the detective that the car passed, and then he opens the door. he stops until a person starts walking past his car and then reenters. that morning, he waits 30 seconds in that car after parking, after having had to turn around and back up. 30 seconds with that child right beside him. judge, the warrant is for criminal negligence and felony murder based on cruelty in the second-degree. we believe the evidence has shown much more than that. we believe the evidence has
i m jake tapper. this is the lead. we ve been watching a live probable cause hearing out of georgia where officers have been laying out stomach-turning new allegations against the father accused of intentionally leaving his 22-month-old son to die in a hot suv earlier in june. let s continue to listen in. you may step down. i think that s all that we have at this time. do you wish to make any argument? i do, judge. judge, this warrant alleges cruelty in the second degree as the underlying felony for a charge of felony murder.
intentional, or had knowledge? there s no evidence of knowledge. so what i m saying is this, judge, it s not even criminal negligence enough to support a misdemeanor. just a couple of cases i want to mention to the court, that specifically involve criminal negligence involving a child, and in each of these cases, it explains very clearly, there s got to be some knowledge or appreciation of the potential harm. johnson versus the state, 292 georgia at 856, that was a felony murder based on cruelty in the second, the court did find criminal negligence whereby the defendant left her methadone out for her child to get into, and then when the child went comatose, she just didn t seek medical care for a couple of hours. that was criminal negligence because her actions were done with knowledge.
shown that this was intentional. however, at this point, we re asking you to bond it over on the warrant that you have and hold this defendant on this warrant, felony murder based on cruelty to children in the second degree. i just don t even believe it s a close decision, judge. thank you. all right, thank you. well, probable cause is a relatively low threshold and the court is persuaded that at the very minimum, there s reckless disregard for the safety of others in the conduct of mr. harris, in that the moments or seconds that he lapsed between the time he placed the child in the car seat until he got to his workplace, which is a matter of