The evidence showed that the defendants did not

This preview shows page 7 - 9 out of 9 pages.

his child. The evidence showed that the Defendants did not realize the significance or seriousness of the child’s symptoms. However, there is no evidence that the defendants were physically or financially unable to obtain a doctor, or that they did not know an available doctor by any means necessary whether it be a state funded clinic or an emergency room or primary care. CONCLUSION: In my opinion, there is sufficient evidence from which the court will find that applying the standard of ordinary caution, i.e., the caution exercisable by a man of reasonable prudence under the same or similar conditions, the Defendant was sufficiently put on notice concerning the symptoms of the child’s illness and lack of improvement in the child’s apparent condition which should have required them to obtain medical care for the child. The failure so to do in this case is ordinary or simple negligence, and such negligence is sufficient to support a conviction of statutory involuntary manslaughter. Jesus said, keep thee far from a false matter; and the innocent and righteous slay thou not: for I will not justify the wicked [5]. The Bible says thou shalt not kill, [6] not only did Toby Smith commit a crime against the state, he committed the ultimate crime against
-8- God. These six things doth the Lord hate: yea, seven are an abomination unto him: A proud look, a lying tongue, and hands that shed innocent blood, a heart that deviseth wicked imaginations, feet that be swift in running to mischief,afalse witness that speaketh lies, and he that soweth discord among brethren. [7] While Toby Smith may face a lesser penalty for the crimes committed in killing his child, he most certainly will not escape the punishment from our Heavenly Father on judgment day.
-9- Sources: [1] KRS 507.020 [2] KRS 507.030 [3] KRS 507.040 [4] Robert G. Lawson, Kentucky Penal Code: The Culpable Mental States and Related Matters, 61 Ky. L.J. 657 (1973). [5] Exodus 20:13 [6] Exodus 23:7 [7] Proverbs 6:16-19 [8] State v. Williams 484 P.2d 1167

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture