accident. the case, 230 georgia appeals 829, the defendant in that case was convicted of involuntary manslaughter because she had knowingly picked her baby up from a babysitter, knowing that she was drunk and her husband was drunk and then knowingly placed the baby in the bed between them. it was all done knowingly. dad rolled over and smothered the wababy. in that case, the underlying act wasn t a felony like here, cruelty in the second, it was a misdemeanor. it was reckless, reckless conduct, so the court explained that it was criminal negligence, why? because it was knowing. she knowingly undertook those acts. she knowingly put the baby in
moments, he allegedly forgot the child. and then for him to enter the car later that day, after 4:00 in the afternoon, when the child had been dead and rigormo morti had set in, that the stench was unbearable, that he got in the car and drove it for some distance before he took any action to check on the welfare of his child. soy find there s probable cause for the two charges contained in the warrant. anything else today, mr. gilroy? judge, i would like you to consider bond i ve got several instances well, you have a right to present what evidence. you wish to state in your place what they would say or you would have one or two witnesses you want the court to hear from? judge, i m going to i ll call his brother, michael, at this time. all right.
investigation whatsoever specifically that they were in any sort of financial distress. none. well, ross had put some money on a credit card or ross admitted that he put some money on a credit card. well, their bank statements apparently weren t overdrawn or at least he didn t know about it if they were. no evidence. there s got to be some knowledge and foresight, judge foresight or expectation. there s got to be some design. if not, it s an accident. i suggest to the court that we haven t heard that what happened here was that ross pulled out of chick faleh and his mind went elsewhere. we re going to take a quick break now. we ll be right back with more from the cobb county courthouse.
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.
there to be a conscious indifference. i want to just go over a couple of cases quickly with the court. a recent georgia supreme court case explained that criminal negligence necessarily implies not only knowledge of probable consequences, which may result from the use of a given instrumentality, but also willful or wanton disregard for the probable effects of such instrumentality upon others, likely to be affected thereby. at sullivan versus kemp, 293 georgia, 770, if there s no evidence that he had knowledge, that cooper was actually in the car, when he walked away and went to work, if there s no evidence that he had that knowledge, it s not criminal negligence. it s a horrible tragedy and an