DA won’t prosecute father in son’s death

Erica D. Johnson

Friday, June 13, 2003 | 11:13 a.m.

Prosecutors will not press criminal charges against the high school teacher whose 7-month-old son died after being left in a van for more than eight hours, District Attorney David Roger announced today.

A decision has not been made yet in two other recent cases of children left in cars.

In a memo released this morning, Roger said prosecutors determined that Centennial High School teacher David Fish "is not guilty of any criminal statute."

According to the memo, "the Legislature has not specifically held that leaving a child in an unattended vehicle, in and of itself, constitutes neglect."

The statute specifically defines neglect as physical or mental injury of a "non-accidental" nature, the memo states.

A Senate bill in the just-ended legislative session would have made it a misdemeanor for an adult 14 or older to leave a child 7 or younger in a car alone if the car is running or if the child's safety is in danger, but it died in the Assembly.

Under the proposed law those found guilty would have also had to pay a $300 fine.

Fish left his son, Hayden, in the car for more than eight hours on June 5 while he went to work. According to the memo, Fish, a government teacher, left the school at 1 p.m. and ran several errands.

"All the while, Mr. Fish was unaware that Hayden was in the back seat of the vehicle," the memo states.

Fish did not realize he'd left Hayden in the car until about 3:45 p.m., when he traveled to Klassy Kids Academy to pick up his eldest son.

"Upon arriving at the business, Mr. Fish looked in the back seat and found the child car seat and his child," the memo said. "Mr. Fish grabbed the child and ran into the business, asking someone to call for an ambulance."

Fish told police that he'd changed his daily routine that morning and, in his haste, forgot to drop Hayden off at day care.

An investigation showed that Fish had never before been investigated on child neglect charges.

The decision agreed with the conclusion of a Metro Police investigative report that read: "It is my opinion that the injuries suffered by Hayden Fish were non-criminal in nature, but rather a tragic incident as his father, David, had no intent of harming his son."

A decision has not yet been made in the case of Maria Door, whose 16-month-old son, Edwin, was strapped in the car alone when the car was stolen, Roger said.

Roger said prosecutors would need further investigation to decide whether they will press criminal charges against Door.

Eyewitness accounts contradict what police have maintained: That Door went into a shoe store to shop. The investigation is needed to figure out the discrepancy, he said. Roger declined to elaborate.

Lt. Jeff Carlson said police had also submitted a third case of a 1-year-old girl who was treated for dehydration after her mother left her in a car for an hour.

Roger said prosecutors had not yet received that case.

Police handed the cases over to Roger's office earlier this week, saying the cases met the standard of child endangerment and that there was probable cause in all three instances.

Had a single charge of child abuse and neglect causing death or substantial bodily harm been filed against Fish, he could have faced a sentence of life in prison.