Tuesday, June 12, 2012

3 Year Old Dies of Hyperthermia In Philadelphia, MS. Backseat Child Restraint Laws Possibly to Blame.

For far too long we have let the insurance companies and the government dictate to parents how they should raise their children.  When I was growing up we didn't wear seat belts, and I rode to town every Saturday in the back of my great-uncle Arnold's truck, and I survived, as did everyone I knew. It was also the some of the best times of my life.

Today in Philadelphia, Mississippi, a three year old died because their parent, who happened to be a lawyer, accidentally left them in the car too long.  More than likely it was because the child was placed in the back seat, as required by law, and the parent forgot they were there.

Because the law picks and chooses who it will prosecute, many are outraged and want the lawyer charged, because they know if it had been them that caused this awful accident, they would go to jail, but what could be a worst punishment than losing your child?

The law requiring children to be placed in the back seat is to blame for many of these needless deaths of children.

Between 1990-1992, before insurance companies and the government started dictating that children be placed in the back seat of cars there were only 11 recorded deaths of children from hyperthermia.

Since that time, in just a three year period, 2009-2011 there have been 118 known fatalities of children that were mostly accidental deaths caused by the child being left in a hot vehicle. Most of the time the caregiver forgot the child was there.

These statistics do not include the number of children that have chocked to death on their own vomit while in the back seat or the countless accidents caused by parents trying to tend to a baby in the back seat.

Caregivers, grandparents, and parents that are not use to caring for a little one are often the ones that make this tragic mistake.  The child goes to sleep or is really quiet, and they forget they are there.  Out of site, out of mind.

There is not a parent that has never made a mistake with their child that could have resulted in injury or death.  Don't think it could never happen to you or someone you love, because it could.

The government now has it's nose in every aspect of  our lives, from our cars to the bedroom and the dinner table, and it is time it stopped.

Instead of passing new laws every time the wind blows, we need to get back to the basics of live and let live, and in order to do that, we need to be taking laws off the books, not putting more on.

The ones that make the laws don't even know what the law is anymore, and the Bible says, "To be a doer of the law, you must first be a hearer of the law".

If you look back to history, when most countries revolt, it is not usually for the reasons you think, it is for the simple fact that the law becomes unbearable, and the people, tired of being oppressed by laws that barely leave room to be human,  watch as those that make and pass the laws, can not themselves hold up under the scrutiny of the law, but often escape the same punishment that the common man receives.  It is called Tyranny and that is the path we are headed down, and in fact, we are already there.

This is a tragic accident, plain and simple, and in my opinion, the fault lies with a law that probably endangers more children than it saves, and causes people to be charged with a crime resulting in felony conviction, at probably the worst moment in their lives, the death of a precious child.

As Christians, instead of calling for more and more laws to be passed, we should all read in our Bible, and realize that our Lord and Savior, Jesus Christ, set us free from the bondage of the law and imparted to us the law of grace.  Should we not also extend that grace to others?

There was a time in my life I would have been outraged, and jumped on the bandwagon of hang em high, but God has taught me to watch the things I say, because your words have a way of coming back to haunt you.  Imagine one of your loved ones facing what this family is facing, and ask yourself, how you would feel.  Look at your son or daughter, who is otherwise a great parent, and imagine this happening to them.

I'm the first to point out the unfairness of our justice system; the innocent people that go to prison because they don't have the money or the connections to fight charges against them, and I've watched as the have's go without punishment, while the have not's are punished unfairly.

However, I would not want to see any person go to prison, regardless of their social status, for something that was an accident, and something they will suffer with for the rest of their lives. Putting him in prison will accomplish nothing, because the purpose of prison is to make a person wish to remain free, and obey the law, and this was one tragic accident that I'm sure will never be repeated.

Some type of warning system to remind caregivers that their is a small child in the back is what is desperately needed to stop this tragic loss of life.


It is said that all children under 12 (not just infants) are 29% safer in the back seat, but at what point do the hazards of riding in the front outweigh the hazards of riding in the back? All of these things should be taken into consideration, and I have not found a study yet that answers this question.


Compare this story and the Trayvon Martin case to these two cases in Mississippi.

http://theprickofthepen.blogspot.com/2012/03/innocent-man-to-be-put-to-death-in.html

http://muddymississippijustice.blogspot.com/search?updated-min=2011-01-01T00:00:00-06:00&updated-max=2012-01-01T00:00:00-06:00&max-results=8

58 comments:

  1. I totally, 100% agree with you Linda. I saw the nasty comments on The Neshoba Democrat FB page & I was at a loss for words, the insensitive remarks were uncalled for IMHO. Great article!
    Pat

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    Replies
    1. Everyone has the right to their own opinion whether you want to hear it or not. Is it right to say negative remarks when we may not know the whole story, of course! Those saying those insensitive and negative remarks are people who feel like this could never happen to them.

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  2. The laws are to protect kids in car accident this is a awful accident but parents in Arizona where im from would be prosecuted and the fact that the child's parents or parent is a lawyer should not matter!!!! Im not sure how you forget your child in the car because things are always busy in my life and I have never forgot a kid in the car. It may have been different if the child had snuck into the car or if they were only left in the car for a few minutes it would be a different story!!! Its like putting on underwear before you get dressed a child is simply not something you forget. The laws for this should be like they are in Arizona!!! Maybe this will insure Nothing like this happens again!!!

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    Replies
    1. Unless you know the whole story do not judge!! This article is only part of the story.

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  3. Just because it has never happened to you does not mean it can't. I'm sure the family of this child felt the same way as you before it happened to them. I've been through a lot in my life, and I've learned to never say never. God has a way of making me eat my words so I try and err on the side of forgiveness, compassion and understanding. While I agree, most people would be prosecuted, I don't agree it is right unless it was a willful disregard for the life of the child. However, if you liked this article, please read the article about Jeffrey Havard. He is on death row because he dropped a baby while giving it a bath. Fairness in our justice system is what I want, and I know, had it been someone like Jeffrey Havard, they would be prosecuted, whether I think it is right or wrong.

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  4. i know accidents happen and i know that losing a child is a hard and horrifing thing no matter how it happens. However i have a little of a hard time understanding how a parent can put a child in a car seat and forget they put them in there. Im not saying one way or the other as to guilty or innocent of anything, it just seems hard for me to think that if you put the child in the seat you could forget. I think a child in the backseat is a good think because if you are hit head on then the child is more likly to die not just from impacked but from airbags as well. If it wasnt for this law then a few friends of mines baby would have died in the same wreck with his parents. The poor child lost both his parents at same time and wasnt old enough to know them. It is a hard and difficult thing to lose anyone in your life whether it is a spouse, parent, child it doesnt matter. i feel for this family for they have been through enuff and i hate they are having to go through this. I do pray that they can get through this, however im sure that there will be some guilt cause the parent forgot her. Just like these kids being shot and killed by other kid relatives how hard is it to lock guns up and unload them. Noone should know how to get into your gun cabinet but you and your spouse. So many of our small children are dying and it is up to us as parents to be the responsible ones and protect them. Im not saying accidents dont happen cause they do, just cant figure out how you forget you put your child in a carseat

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  5. These laws are to protect the kids. A 3 yr old in the front seat could be killed by an airbag. A child should be in their car seat. I'm sorry but blaming the law for this child's death is crazy. The best thing to do is pray for this family.

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    Replies
    1. I totally agree with this statement. Prayer is in order !!! We have to see God in all situations, good or bad !!! Know that God dont make any mistakes. He said in his word; he wont put no more on you than you can bare. I pray this family lean to Gods understanding. And not the understanding of this world. In the book of matthew tells us, in this world you will have tribulations. But God said be of good cheer for I have over come the world. But we must trust God. Im praying for their strength in the Lord.

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  6. I live in Philadelphia. This is a precious family that are very loving and caring parents. The baby was asleep and it was not routine for the father to carry the precious child to work with him. He only intended to run into his office for a moment and wound up having to go to the courthouse which is directly across the street. He is a fine christian father who works hard to support his family and made a life changing mistake because he is human and subject to human error. His life is forever changed and he will struggle everyday of his life to go on. How could prosecution punish him any more than what he will live with for the rest of his life. I know many want agree but when you know the people it causes you to realize everything isn't black and white.

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    Replies
    1. I'm from Philadelphia too, and know the family and situation. If he had to go into work, even for a brief moment, he should have taken the poor child to a babysitter or family member - not just leave her in a car. What he did was irresponsible and his negligence caused the poor child's death. If it would have happened to anyone who is non-Christian, or didn't have the money, they would be sitting in jail now...just look at the imPact news for Jones County. A woman left her kid in the car and she was arrested and the child was taken from her. The evidence outweighs public opinion, end of story!

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  7. Please don't make this about back seat laws!!! That is totally ignorant..... A small child is safer in the backseat... Geez!!!!! I totally feel for this family and no I wouldn't want my family, loved ones or complete strangers go through something lIke this. Although I wonder if things would totally be different if this had not happened to someone that is well liked in a small community????

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    Replies
    1. Respect is earned and this family earned their ace in the community!

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  8. Do not judge some one because it has never happened to you. You do not know what would happen unless you was put into this situation. I agree with this article. The loss of a child and haveing to live with that is punishment enough. He will never be able to live with his self. I believe all negative comments just come from heartless people. Just my thoughts though. I have been in many situations to where if i had never been in the situation i would have never thought i would have felt the way i did. Do not jump to negative thoughts until you know how it feels.
    -Phoenix

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  9. My first reaction was that the father be prosecuted just like the many before him that was not a lawyer. After reading this, I have changed my opinion. Accidents do happen, and the good Lord above knows that there is no such thing as a perfect parent. We do not know what was going on with this father to make him forget his precious baby and I do not believe for one minute that it was a malicious act. Heartbreaking yes, but there is no way that this man deliberately killed that baby. However, I do not think it was the back seat law that caused it, I feel its more than likely due to cell phone usage and being so busy that his mind was not on the child.

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  10. I have been to many different states in the country and I have to tell you I'm so glad that I live in Mississippi! Even though there aren't as many as there used to be we still have people with enough compassion for their fellow man to show them the proper respect. We have our BS like all the rest but there is a genuine care for your neighbor here. The rest of the country may put us down but I think we know something they don't! Just because you may have a "Right" to do something don't make it "Right" to do it! Way to go Neighbors! In my my most humble opinion we should build a fence around this great state and only let sane people in!!! Alabama ain't so bad either. ROLL TIDE!!! Ha ha ha!

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  11. Here is a really good article that explains how this could happen to otherwise wonderful parents. http://www.washingtonmonthly.com/archives/individual/2009_03/017220.php

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  12. My point is we can not be protected from everything, our children can not be protected from everything, these are choice that parents should be allowed to make. When I was growing up parents were allowed to raise their kids as they saw fit, and the whole reason this country is becoming a dictatorship rather than a republic is because everyone has their nose in everyone else's business. If a parent feels more comfortable with their child in the front seat, then they should have the option of turning off the airbag, and putting their child in a rear facing car seat. We are all going to die at the time appointed by our creator, and there is no getting around that. I would much rather have the choice to live free than to die enslaved by every rule and law you can imagine being thrust down my throat telling me what I can eat, and what I can drink. Maybe we should institute a law prohibiting children from playing sports, after all they may get hurt. I'm being facetious of course, but what is a danger and what isn't a danger should not be dictated to us by the government or anyone else. It is called freedom, and we are losing it because everyone thinks they know what is best for you instead of letting you make your own judgements, flawed as they may be.

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  13. This comment has been removed by the author.

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  14. I live in Philadelphia and my heart goes out to the family but like one of the previous blogs I read what about the ones before him that was prosecuted. I know a family going through a case of neglect in Philadelphia and they are BLACK and law enforcment and CPS has torn that family apart and its because a parent discipline their child. No broken bones,no past issues. Nothing. So..............

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  15. Negligent homicide! This issue is about the Graham forgetting about his child, not the car seat. I believe Attorney Graham should be charged. I live in Philadelphia, too. When we do something wrong, regardless if it was a mistake, we are fined or charged with something. I careless if attorney graham is a good father, he should be charged with negligence homicide. Blaming car seat is bull shit!! What if the child was laying in the back seat and forgotten, you gonna blame the seats or the door because the parent forgot their child? Dumbass! Lets hope Attorney Graham doesn't forget again. Oops! Sorry folks, I forgot again, another accident! We can expect copy cats. This is why the law is there to deter others from doing the same. If Attorney Graham gets away with this, you can expect evil parents will attempt the same. The perfect murder! Oops, I forgot my child in the car.....an accident! There should be consequences for your mistakes.......charge him!!!!!!!!!

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  16. Charge him with negligent homicide or you'll get more copy cats doing the same....oops, I forgot my child, accident! Charging Attorney Graham will deter others or evil parents from doing the same.

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  17. Alot of lofty people judging others misfortune. I pray your words do not come back to bite you.

    Amanda Johnson
    Philadelphia, Ms

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    Replies
    1. No one is judging but if the law has to be the same across the board. We are all equal. I do beleive accidents happen but do you know how many people are imprisoned by accidents. Just because you think he was upstanding in his community he should get a pass. If he isn't charged what does that say about Philadelphia. I don't have to tell you. You live here. It's going to change a lot of things everywhere. Defined by the law. Neglect is neglect. This is one of the reasons we need to keep the government out of family business.

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    2. And Amanda I pray your words don't come back to haunt you. You are doing what you accuse others of. All we are saying is the law is the law. It's suppose to be for everyone not certain
      ones

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  18. If there is more to the story, then please do share. This is only my opinion, and I can understand why some of you feel the way you do. The law is applied unfairly to many of us, and it is up to us to change things. Case in point the mother who had to go before the court because her child was in the hospital and did not go to school, or the above case where they were charged with disciplining their child. I do agree that had he not been an attorney or someone in the upper class of our society, he would more than likely have been charged, but I think it is wrong to charge him or anyone for an accident.
    We were not required to wear seat belts when I was growing up, and neither were most of your parents, and grandparents. We laid in the backseat unbuckled and slept on trips, rode in the back of trucks, roamed the woods, ect..,and we all turned out fine. I, with all the things we went through when I was growing up, overall, lived a wonderful life. I was FREE to roam the woods and do things some of you might consider dangerous, but I was happy. I lost a little brother to drowning when he went with my other brothers to a pond. My mother was not charged with negligent homicide, she was loved and supported by her neighbors and friends. There were 9 of us, and we all, but for one, grew up and lived our own lives, and we entrusted our lives to God, not the government to protect us. God bless all of you, including the Graham family, and I understand the suffering of this poor family, and I understand the suffering of those who suffer with the injustices of the system we live under.

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  19. First of all, my heart and prayers go out to the family in this tragic time. I can't imagine the pain the family must be going through. With that being said, I believe we should all learn a lesson in this tragic accident and to take the time to check our cars and to slow down a bit. We have to be aware of our surroundings to make sure this doesn't happen again. Philly is a small town and I know how the rumour mill can turn very quickly and stories can be twisted. The bottom line is we can't judge the dad involved, only God can do this. All we can do at this point is pray for the family and pray that each of us never have to endure the pain that this family will.

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  20. The law does not deter others from doing the same because mistakes happens. Laws are for the innocent people that abide by the rules, because crimonals do not play by the rules. It can easily happen to any of us especially when its not your normal routine. My daughter left her baby in the back seat of my truck and got out up the street. When I made it home I got out and came in the house but luckly I looked at a bottle when I walked in the house and that trigger my memory and I screamed where is the baby? I was so scared and don't want to be responsible for him again. I am so glad it was for only a minute or two but when I think about it, that could have been us in this story. When its not your norm, it can happen to you. Please do not judge them because trust when loosing a child they have enough blame going around for all of us. My prayers, empathy and sympathy is with the family. I do believe that the government is in our business too much and they are suppose to be in place to protect but who exactly is they protecting? i believe in God and when its your time to go, it do not matter if you are in the front or back, with or without a seat belt. Look at the toddker that was thrown out of a flipping vehicle fleeing from the police. had a sister killed last year that was wearing her seat belt in a auto accident involving a drunken driver. She was hit head on! ? "Faith"

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  21. OK... so I get drunk one night and head out on the highway, cross the center line, kill an innocent person... BUT... it's an accident so I don't get charged IF I'm a well respected member of the upper echilon of the community, right??? I wasn't negligent... it was an accident! I didn't mean to kill the innocent person. It just happened. It was an accident. I had my mind on all of my troubles, and how mad my wife was going to be because I've been out drinking. I just wanted to get home. It was an accident! So don't charge me. NOW HOW MUCH DAMNED SENSE DOES THAT MAKE???

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    1. When you choose to drink and drive you are (a)intentionally breaking the law (b) intentionally endangering the lives of those in your car or cars surrounding you. Don't tell me you are innocent. My best friend was killed by a drunk driver and that led to her husband killing himself. Also two precious children who were my cousins were also killed by a drunk driver. It is not the same thing as forgetting. Losing track of time is not against the law.

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  22. I would never dream of sending him to jail, because it was not intentional. Where are our priorities concerning child safety? It doesn't sound like a child is much better off in the back seat, but the airbag would have to be turned off in the front. Instead of changing the law to allow car seats in the front, I wish they would make a car seat that hooks into a car alarm system so that when the engine has stopped the alarm goes off, much like when you sit in your seat an alarm goes off to remind you to fasten your belt. With all the computer advancements, you know they can do it. And, let's face it, we live busy lives. How many times have you started doing something only to be distracted and completely lose what you were doing to begin with? I know we all say, How could you? I would never... I'm sure he is asking himself the same. He has to live with the guilt, and probably the blame, spoken or unspoken, from the families. God give them all the strength just to make it through each day.

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  24. Just this week alone there have been 2 cases ending in the death of 3 children in the middle TN area.
    This happens daily and year after year.
    These mothers are being charged with child neglect. Child neglect is when you leave the kid home alone or without food, Child neglect is not taking your child to the Dr. Child neglect is not helping with homework.

    There's no excuse! I see it on the news so much I am enraged.

    Laws need to be changed. This maybe child neglect resulting in manslaughter or wrongful death or murder.

    Please someone make it known this is murder of some degree, ignorance isn't a valid excuse any more.

    If the parents have no TV or see the number of fatalities, they know how hot their car is when they get in it on a hot day. You can cook cookies on a dashboard.

    Somebody please stiffen the laws for these innocent kids dying a horrific death.
    Let it be known if you lock a small child in a hot car you're looking at more than a slap on the wrist.

    I wonder if it's premeditated murder at this point because it's only small children.

    I've never heard a 10 or 12 year old dialing 911 I'm LOCKED IN THE CAR,help"

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  25. I am enraged! This week alone in middle TN there have been 2 cases resulting in the death of 3 children locked in cars.
    The mother was charged with neglect.
    This isn't child neglect! Child neglect is not helping with homework, leaving kids home alone, not taking them to the Dr.
    This is at the very least murder or neglect leading to wrongful death.
    Do these people not have TV? Have they never got into a hot car?
    You can bake cookies on a dashboard. This is a horrific way to die.
    And I want to see laws changed!! We must protect the kids it take a village i guess to raise a child.
    I at this point wonder if it's out right murder with intent?
    Ignorance is no excuse!

    Laws must change to end this sad trend!
    If the mom knew she was looking at more than a slap on the wrist....I bet she wouldn't leave the child in car.

    I've noticed it's not 10 or 12 year old's, it's kids locked in car seats or too young to dial 911.

    Please someone change the laws to MURDER ignorance isn't an excuse!

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  26. None of the responses are addressing the point of this blog:
    Did the law requiring that children be put in the back seat actually make the child safer?

    I say that it didn't make a child safer. You never heard of a child dying after being left in a car before this car seat law was created. There have probably been more children killed by being accidentally left in a car since this law than would have died in a collision had they been in the front seat rather than the back seat. Irresponsible or not, they probably would not have died had they been in the front seat!

    Someone needs to do a study and get the real statistics.

    Regulations many times have unintended consequences that are worse than what they are trying to protect against. This may be one of them.

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    1. You are absolutely right! the back seat law may be a good law, but with it should come some kind of warning system to alert caregivers before something else tragic happens. Many times, as in this case, it is the father, who normally does not care for children.

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  27. This happened to me. No, I'm not that guy in the story, just another very sorry guy that had a very similar thing happen to him and lost his very wonderful Son one hot summer day earlier this year. It is very easy to lash out and judge someone but I will tell you from the inside that it would not matter if I was in jail or not I'd still wake up missing my Son every day for the rest of my life. If it makes your sense of justice feel better I've lost my marriage too... Not sure why you feel the need to grind others into the dirt to make yourself feel better? I will say this... About 40% of these cases get prosecuted nationwide and I'm not sure that there is any good rhyme or reason as to which ones do and don't get charged. I did not get charged. But that made it no better for me. All I will say to you guys clam morning for blood is two things ... Romans 12:19 & Matthew 6:14-15 And that's the end of my little rant. God Bless All of You!

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    1. I am so sorry this happened to you. Nothing on this earth could be more painful than losing a child and especially if you knew you were responsible. I think all good parents feel responsible for the health and safety of our children that is why something like this seems so hard to wrap your head around. It is way to much for anyone to judge you unless they have walked a day in your shoes. I pray for you to have strength every day that you can find happiness once again in your life.

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  30. i didnt know any of these people when i moved here and heard the story.. i was surprised myself by my own reaction. i figured i would be like all the ones on here condemning him and feeling anger but as i was told the story my inner thoughts where compassion for this man and a mirror looking at myself on how easy we all forget..maybe not in this manner but all the same..his was a breif moment lasting a lifetime of pain for him..she is w the Lord she isnt in pain and loves her father..how many of us love our kids at whatever age and constantly forget them..late to pick them up-never asking them how was their day-not kissing them goodnight-putting them off till later (cause of course our lives are always so busy no time for our kids)-forgetting to remember they come first before ourselves-we chose to bring them into this world but always too busy-these kids are the true kids suffering from lack of oxygen-im sure of course your already arguing this,right. well of course cause we are all perfect parents. true but to whose standards. im sure you all can remember a time when you felt alone abandoned by your parents..what punishment do we deserve for not being perfect..yes things like this is a wide awakening for us all to wake up..cause in this life we are in a fast pace and usually one tract mind..we dont set out to hurt nobody..and we are always intending on slowing down but never do..accidents happen and that is where we use that to awaken us all to look at our own lives..not to tie a rope around one and hang them..trust me you wouldnt have to do that to make them feel death..that they feel everyday..help free them from this bondage..pray for him and his family..pray for ourselves and our own children that we arent accidentally each day forgetting them..cause in the end they will rise above it but we will be held captive in the bondage of regret of lost moments..God forgives us ALL so give yourself permission to forgive yourself as well so you can forgive others..maybe he can use this to his advantage and help other victims that find themselves in such a nightmare so maybe he can from a lawyer standpoint help to speak their case on their behalf so others will stop throwing their stones..i understand it is true people look at the family picture and determine do they appear to be guilty and if the hair isnt combed right or the right clothes on fancy last name or a big house and american dog we say guilty give them ten yrs to life..this is where maybe he can help those people but why would he ever want to if yall dont put down the stones..no more bashing..i passed this man and i wanted very deeply to look into his eyes..he doesnt know me im a stranger..and i dont know him..but when i saw his eyes i felt inside his soul. .ive cried many tears and i dont know him but i feel his pain..and i go to my Father in heaven and pray for him to remove this mans shame and restore his soul..i saw in his eyes what his little girl saw..her arms are wrapped around him..your protection for her is not needed she has her Father and she choses him..earthy and heavenly..free yourselves and help free him..our minds and hearts are full enough of the dark things of this world..bring light into others life and then you will too see the light for your own path..it will be bright and beautiful..choose to see the good in things even in the bad..it is all what we make it..see the good not the evil..and the darkness will fade.

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