Lindale Father Will Not Be Prosecuted In Daughter's Death - KLTV.com - Tyler, Longview, Jacksonville |ETX News

10/20/06-Lindale

Lindale Father Will Not Be Prosecuted In Daughter's Death

Kevin Petty was no billed by a Smith County grand jury Thursday. That means, based on the evidence, they didn't find it necessary to hand up an indictment.

Kevin is no longer charged with manslaughter in the death of his daughter Kerrigan.

Back in August, he accidentally left the four-month-old in his truck where she later died.

Kevin's truck was parked at the Lindale Police Department where he's a reserve officer. He was changing vehicles there to go to a seminar in Canton. Eight hours later he realized he left his daughter in the truck.

A Smith County grand jury heard all the available evidence and witnesses to come to a decision not to indict Kevin Petty. It ends a more than two month long ordeal that shook up Petty family and the Lindale community.

Kevin's friend, Lindale Police Chief Dan Somes, had this to say earlier today,"All the people that have been supporting Kevin are extremely pleased with the no bill. It was a tragic, tragic accident and Kerrigan is still gone but this allows the Petty family now to move on with their grieving and not have to worry if Kevin is going to jail."

Kevin's attorney Brett Harrison adds, "I know that Kevin will never fully recover from what happened to Kerrigan. No punishment through the justice system could equal the emotional punishment he has suffered as a result of Kerrigan's death.  The family wishes to extend heartfelt thanks to the community for all of the prayers and support the family has received."

Smith County District Attorney Matt Bingham, who had to present the case to the grand jury says,"This is a tragic situation. My thoughts and prayers are with everyone involved. This case involved the death of a child and needed to be investigated by law enforcement and presented to 12 citizens on the grand jury, for them to decide if formal charges should be filed".

Kevin Petty has been on administrative leave from the Lindale Police Department. The chief says they will be in contact with him on his work status.

Christine Nelson reporting. cnelson@kltv.com

 

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