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Dad Charged In Baby's Death, Attorney Explains

7:27 PM, Oct 31, 2013   |    comments
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GREENSBORO, N.C. -- A Whitsett dad is facing charges for the death of his 3-month-old son.

Prosecutors charged Jose Stanlin Fichack, 31, with Involuntary Manslaughter.

Police say Fichack turned himself in Thursday morning.

He was released on a $50,000 bond.

No one else is charged in baby Nicholas' death.

The baby boy was left alone in a van at Fanta City International Market in Greensboro on Oct. 3. Officers said when they arrived at the shopping center a group of people were performing CPR on him.

Nicholas died later that day at the hospital. Guilford County Prosecutor Howard Neumann says the child was in the carfor at least two hours.

Thursday, WFMY News 2 spoke with Fichack's attorney Robert O'Hale who says the father should not have been charged because he had no criminal intent.

"Mr. Fichack has already been punished severely and will never be the same. The whole family is devastated by this tragic accident. So, I wish it hadn't happened but now it's in the court system and we will have to deal with it," he explained.

O'Hale says this all happened because of a change in routine. He says Fichack and his wife have two young children: the baby and a 2-year-old.

According to O'Hale, Fichack usually takes the 2-year-old to daycare then goes to work and his wife stays home with the baby.

But, on October 3rd, Fichack had to take the baby while his wife attended a teacher conference at the 2-year-old's daycare.

O'Hale says the baby fell asleep in the car seat on the way to work and the father got out and forgot the 3-month-old was with him that morning.

"When your routine gets changed and you get rushed, we make mistakes. We all have feet of clay and unfortunately this was a tragic, tragic accident," O'Hale added.

Guilford County prosecutor Howard Neumann says no one is alleging Fichack intentionally killed his son but that doesn't keep him from being held responsible under the law.

"That's a living creature who can't fend for themselves and the parent is the one who is in the position to look after them and if you don't, nobody does. So, there's a great deal of responsibility, I think we all know, to being a parent," Neumann said.

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