District attorney: Cases tragic, but not criminal

Tuesday, Oct. 4, 2005 | 7:54 a.m.

Clark County District Attorney David Roger defends his office's decisions not to prosecute some cases in which children have been injured or died after being left in cars, while prosecuting some parents whose children have survived.

Although some have called the actions contradictory, Roger doesn't see it that way.

"When it comes to something bad happening to children and animals, people want to see someone held accountable," Roger said. "But that is not always the case."

He said sympathy for a parent plays no role in the decision to prosecute, but said if the act is unintentional and no harm was intended, the incident, though tragic, is not a crime.

The policy is to prosecute those responsible when a child could be harmed because of an intentional act, such as when a person leaves a child in a car to conduct business or gamble.

That philosophy came up in three cases:

David Fish, a high school government teacher, left his 7-month-old son, Hayden, in the back of his van in June 2003 and went to work. Roger declined to prosecute because Fish "was unaware" Hayden was in the van.

Last year Christina Sarpy was charged with felony child endangerment after her car, which she had left running outside a gas station, was stolen with her 8-month-old child inside. Police said she was inside the station's convenience store playing video poker. The thief abandoned the car and the child was fine.

In June 2003 Won Chong went into a Starbucks and left his sleeping 2-year-old in his running, but unlocked, car. A police officer noticed the child in the car and Chong was arrested on a gross misdemeanor count of child endangerment.

Police say a new law making it a crime to intentionally leave a child in a car will not change the way they do business.

"The primary goal always is to ensure the welfare and safety of children," said Lisa Teele, supervisor of the Metro Police abuse and neglect division. "The officers will be diligent in looking for it as they always have been."

Teele's division submits such cases to the district attorney's office to determine if there is enough evidence to prosecute. Her division submitted 80 cases in 2004 and is on pace to match that number this year.

The district attorney's office could not provide information on how many of the 145 cases brought by police over the last two years have been prosecuted.