A Los Gatos man who left his infant son strapped in his SUV, causing the baby to die from the heat, will not face charges, the Santa Clara County district attorney’s office said Monday.
The man “was extremely fatigued and mistakenly believed that he had dropped off the nine-month-old at a babysitter’s home on his way to work,” the district attorney's office said in a statement.
“Like most parents, I know how fatigue can sometimes rob us of common sense and good judgment,” District Attorney Jeff Rosen said. “While we have prosecuted child endangerment cases in the past, this tragedy does not rise to the level of recklessness that both the law and justice require.”
The father, whom authorities have not identified, parked his car on Payne Avenue the morning of April 16 with his baby strapped in a car seat. He went about his workday until he returned to find the baby about 7:15 p.m., authorities said.
The baby was pronounced dead at the scene.
Neighbors described feelings of anguish and guilt over the tragedy, telling KTVU-TV that even though they had been working just a few feet away, they heard nothing from inside the SUV.
The reported high that day was 79 degrees.
"He (the father) was crying and grieving and all he could say was 'the baby, the baby,'" said Yousif Nimjeh, adding that the SUV had tinted windows.
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