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No charges filed against man who confessed to punching 14-month-old baby to death
A California man who admitted to police that he punched a 14-month-old baby to death has been released from jail.
On Nov. 20, police say 30-year-old Kenneth Johnson lost control and beat Jose Luis Espinoza to death, according to KFSN. He told officers that he punched the infant in the stomach because he would not quit crying.
Johnson's girlfriend was babysitting Espinoza at the time of the incident when he came over to visit. That's when Johnson, who had a history of domestic violence, snapped and punched the baby to death.
On Thursday, the district attorney's office decided not to charge Johnson, saying a prior autopsy showed internal injury but doctors did not see visible injuries on the child.
Authorities say they're confident that he is guilty of the crime, but detectives have not been asked to submit more evidence.
originally posted by: Xcathdra
a reply to: loam
The no charge is based on lack of evidence linking his punching the child and the death of the child. If an medical examiner cannot find external injuries that would support the theory his punch is why the child died it cant go to trial. The PA would not be able to argue his guilt beyond a reasonable doubt.
Crappy I know but thats how it works.
originally posted by: Hecate666
Any man that punches a baby in the stomach should get an automatic jail sentence, regardless of it being the cause of death or not. FFS. I don't care about no evidence. A child has been assaulted, that should be enough for something.
These 'legal excuses' are just not washing with 'normal' people.
originally posted by: Xcathdra
a reply to: shooterbrody
If the PA charged the guy it wouldnt make it past the first hearing. There is not enough evidence to link the punching and the death. That means there is no evidence to support the charges. Even a child abuse charge would be difficult if there are no injuries visible.
How would you argue the punch resulted in death when the medical examiner could not do it?
If they were to charge him and he pleads not guilty the state would have to prove their case. Defense can argue the punch didnt kill him because of the ME conclusion.