this was going on on that phone during the time that he was driving his child to chick-fil-a, driving his child from chick-fil-a, we d have heard about that. but there wasn t. i think the real purpose of all of that is to publicly shame him. it s not like his family hadn t been through enough already. 1622 says that an accident is where it satisfactorily appears that there was no criminal scheme or undertaking, intention, or criminal negligence. i want to read to the court what our pattern jury instructions says on accident. an accident is an event that takes place without one s foresight or expectation, which
today. how long have you been in law enforcement? almost 20 years. okay. i think one thing we ve all learned being in law enforcement that people we know sometimes we don t really know what s going on in their lives. would you agree with that? sometimes, yes. do you know where he s going to be staying if he gets out on bond. is he coming to live with you? i would imagine he s staying at his house. so he would stay in cobb county? i would think so. with his wife? i would think so. and you or your family wouldn t be there to make sure he shows up for court or anything like that? i mean, he s an adult? he is an adult, but i imagine we would be visiting him quite frequently. you told the judge, you didn t think he would commit crimes while out on bond, correct? i don t think he would at all. okay. were you aware that he s actually committed crimes that would be crimes in the state of georgia in the past year? i was not. did you know he s been
and like those cases, i would suggest to the court, we don t have any evidence that he had that actual knowledge. that he knew, that he few the child was there when he went about his work that day. the warrant that we re looking at here, and this warrant s from the 24th. you know, it s somehow trying to suggestion that there was this knowledge, because it says, during lunch, said accused did access the same vehicle through the driver side door to place an object into the vehicle. said accused then closed the door and left. well, judge, the evidence that you ve actually heard regarding that incident shows absolutely that he didn t know cooper was in the car. he goes to lunch with two friends, you ve heard from both of them. they said he s behaving
moore asked versus the state, 287, that was a cruelty in the second, and that was affirmed where the mother, she continued to take her child to a caregiver with the knowledge that the child was being, basically injured and attacked by dogs. nelson versus the state, 731 southeastern 2nd, 770, that case, of course, was here in cobb, and that was the one where the mother was charged, i believe, it was involuntary manslaughter. and the court agreed there was criminal negligence in that case, because she had knowledge or an awareness that taking hei child and crossing a busy street in the middle of the night, versus going down to the corner and crossing at the crosswalk, she had knowledge that that was inherently dangerous.
okay? so he does this fantasy texting. it certainly is not evidence that he consciously left his child in the car. there s nothing, per se, nefarious about it in this context. perhaps it s immoral, but certainly there s no relationship or connection that s been made to his child being in the car. just a suggestion that, oh, he s got all this other stuff going on. we didn t hear exactly what time it occurred, but i suggest to the court this. if there was any evidence that