DEKALB COUNTY, Ga. — The mother whose 4-year-old child found a gun as they drove on the interstate and killed herself asked a judge to drop the charges against her.
Kealin Lewis said it was an accident, and Georgia law doesn’t criminalize accidents.
DeKalb county prosecutors disagreed and asked a judge to deny her motion to dismiss the indictment.
Channel 2’s Tom Jones was in court when DeKalb County Superior Court Judge Nora Polk did just that. She denied the motion.
Lewis’ attorney, Jackie Patterson, now known as The Fly Lawyer, argued this was an accident, and his client shouldn’t face murder.
“This statue by the legislature was never designed to criminalize pure accidents,” he said.
Lewis faces second-degree murder and second-degree child cruelty charges. Prosecutors say Lewis’ 4-year-old daughter found a gun in Lewis’ backseat as they drove on I-85 near Druid Hills and shot and killed herself in 2022.
Lewis’ attorney told the court in order for someone to be convicted of second-degree murder in a child cruelty case, the statue requires the state to show there was child cruelty during the murder.
“Where is the cruelty? Where is the physical act of committing cruelty to this child?” he asked.
The Fly Lawyer said there was none.
Prosecutors told the court he has it all wrong.
“The state maintains that the indictment is charged appropriately,” Assistant District Attorney Sarah Hilleren said.
She said the criminal negligence that supports the child cruelty is Lewis allowing the child to access a gun.
“In this case your honor the criminal negligence caused the cruel or excessive physical pain,” she argued.
The judge agreed with the state and dismissed the motion to quash the indictment.
Lewis’ trial in this case could start later this month.
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