A Georgia mother will stand trial for second-degree murder after a judge rejected a bid to dismiss the charge relating to the death of her four-year-old daughter, who fatally shot herself with a gun found in the family car.
Judge Upholds Charges in Tragic Case
This week, a judge denied a motion from Kealin Lewis and her attorney to drop the severe charge against her. The 29-year-old's daughter, Kendall, died in August 2022 after discovering a firearm in the backseat of her mother's car while travelling on the I-85 highway and shooting herself.
Lewis's lawyer, the flamboyant attorney Jackie 'The Fly Lawyer' Patterson, argued the death was a tragic accident and that Georgia law does not criminalise such events. He contended the charge should be reduced to reckless conduct.
'We're certainly disappointed,' Patterson told the Daily Mail. 'It's the first time in my 33 years that a prosecutor ever tried something like this.'
Prosecution and Defence Clash Over Cruelty and Negligence
The legal battle hinges on accusations of child cruelty and criminal negligence. Prosecutors allege Lewis allowed her daughter access to a weapon, constituting the basis for the cruelty charge.
'In this case, your honour, the criminal negligence caused the cruel or excessive physical pain,' argued Assistant District Attorney Sarah Hilleren.
Patterson fiercely challenged this in court, demanding, 'Where is the cruelty? Where is the physical act of committing cruelty to this child?' He emphasised his client's grief, stating, 'She lost her baby girl and nothing will ever bring her back.'
Further allegations from police claim Lewis did not perform CPR on Kendall as instructed by a 911 operator, though Patterson argued she knew her daughter was already deceased.
Trial Looms with Decades in Prison at Stake
With the motion to dismiss denied, Lewis's case is expected to go to trial later this month. She faces the possibility of 30 years in prison if convicted on the second-degree murder charge.
Patterson remains defiant, telling the Daily Mail he is 'absolutely confident' the jury will side with the defence. Prosecutors have previously suggested the shooting may not have been accidental, though specific evidence supporting this claim was not detailed in the initial reports.
The tragic incident has sparked a complex legal debate about responsibility, negligence, and the limits of the law in cases of profound personal tragedy.
