TOPEKA, Kan. — A Kansas man has been acquitted of first-degree homicide within the loss of life of his 4-year-old granddaughter from carbon monoxide poisoning.
A Shawnee County District Courtroom jury Friday acquitted Timothy Wayne Funk, 58, of homicide and two counts of aggravated endangering a toddler.
He was charged after his granddaughter, Brandy Funk, of Beatrice, died at his Silver Lake dwelling on July 23, 2019. One other granddaughter within the dwelling survived.
Courtroom paperwork present Funk acknowledged he left a generator working in the home’s storage with its door shut when he was watching his granddaughters.
“He mentioned working the generator with the storage door down wasn’t a wise factor to do however he didn’t suppose he would go away it down that lengthy,” the affidavit mentioned. “He mentioned he remembers opening the door, however he doesn’t know precisely when.”
To convict Funk, prosecutors wanted to show he acted recklessly, mentioned his public defender, Danielle Hamilton Slate. She informed jurors that Funk acted in as accountable a fashion as he might, given the information he possessed.
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