Prosecutors refuse to file charges against man who admitted to killing crying baby by punching him in stomach
|Kenneth Johnson and Jose Luis Espinoza III|
(Scroll down for video) People in California, were shocked to learn that prosecutors refused to file charged against a man who admitted to killing a crying baby.
30-year-old Kenneth Johnson told police that he punched 14-month-old Jose Luis Espinoza III in the stomach because he was crying.
Johnson’s girlfriend was babysitting the child when the incident happened. The woman’s 7-year-old daughter told her that the baby was lying unconscious on the floor.
Espinoza was rushed to the hospital, where he was pronounced dead.
“The Fresno County District Attorney’s Office declined to file
charges against Kenneth Johnson related to the death of 14-month-old Jose Luis Espinosa.
“The case was referred back to the Fresno Police Department with a request for additional information from examinations currently being conducted by the Fresno County Coroner’s Office.
“In reviewing cases for the filing of criminal charges, prosecutors are required to follow certain ethical considerations.
“We may only file charges if there has been a complete investigation and thorough consideration of all pertinent data, there is legally sufficient, admissible evidence, there is legally sufficient, admissible evidence of the accused's identity as the perpetrator of the crime, and the prosecutor has considered the probability of conviction by an objective factfinder hearing the admissible evidence.
“What must be considered in all cases, is that while statements of an accused individual may be used against them, the law requires that there be other evidence of the crime independent of the accused’s statement in order to file criminal charges or obtain a conviction,” the district attorney said in a statement.