August 27, 2005

Why Were Charges Ever Filed?

If ever there was a jumping of the gun by police and prosecutors, this was it. Why on earth were charges filed in this case?

MARION, Va. (AP) - A judge dismissed a manslaughter charge against a teenager whose 5-year-old half-sister died after he put her in a coin-operated laundry machine that then began running.

The ruling Thursday by Judge Charles Lincoln came after prosecutors said they did not believe they could convict the 14-year-old boy.

The boy put 30-pound Hope Wagoner into the triple-load machine "during a playful game between brother and sister" on June 17 in Chilhowie, defense attorney John Graham said.

The boy put no coins in the machine but it started anyway, Graham said. The boy tried "frantically" to stop the washer and free his sister, taking a large rock from the parking lot to smash at the glass, Graham said.

The children's mother, Rebecca Wagoner, ultimately used the same rock to break through the glass and free Hope. The child died of asphyxiation, a medical examiner ruled.

Rebecca Wagoner has sued the washing machine's maker, claiming it knew the model had a history of starting up without the insertion of coins but failed to fix the problem.

Where I grew up, this fell into the category of "horrifyingly tragic accident". It did not rise to the level of criminal behavior.

Bravo to the judge who had the common sense to see that there was no way a jury would ever convict.


Posted by: Greg at 02:05 PM | Comments (1) | Add Comment
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1 I hate these accident stories involving kids. Glad the judge had the common sense to know the difference.

Reminds me of one event where a young kitten of mine scampered into a dryer at my apartment without my knowing, and turned on the dryer. I heard a "klump" "klump".."kerklump"...and wondered who put shoes in the dryer (was it me or my wife?). Poor thing barely survived when I took her to the animal hospital. She came out fine with some serious bruises and concussion.

Posted by: mcconnell at Sat Aug 27 14:30:04 2005 (x2noK)

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