MIKE MASTERSON: Finding Naramore innocent was right decision

The right decision

The jury took two hours Friday to finally decide Garland County Circuit Judge Wade Naramore was innocent of the charge of negligent homicide in the death of his 17-month-old inside the family's superheated Toyota Avalon on July 24, 2015.

It was the correct decision in a criminal case that should never have been brought.

It gripped my spirit as I read during the trial of the sustained grief Naramore and wife Ashley have suffered since Naramore accidentally left their only child, Thomas, in the rear seat as he went to work and ran errands. Five hours passed before he discovered his worst possible nightmare had come true.

Naramore expressed unimaginable remorse at the scene as he cradled a lifeless Thomas screaming: "Oh my God! I killed my baby! How did this happen?"

Like you, I was following the trial from news accounts rather than the courtroom, so I obviously missed a lot that resulted in an acquittal.

I did see that Deputy Prosecutor Thomas Young chose to introduce photographs of the dead child for the jury to peruse. That act was enough to inflame the emotions of any caring adult, especially any with a child or grandchild. But I find it hard to understand the point of showing Thomas' lifeless body other than to yank hard at the jurors' hearts.

The fact little Thomas died was evident without the need to display a single photograph. With the child's temperature above 107 degrees, the Naramores' son couldn't possibly have survived five hours in the back seat.

It was equally apparent that the couple's life forever changed in such a tragic way that afternoon. The gnawing horror has continued to haunt them hourly in ways that, as a father and grandfather, I can't begin to imagine. Even in the courtroom, more than a year after that terrible day, the Naramores' sustained agony was apparent to all as they regularly sobbed, wailed and dropped their heads in reflective pain. Ashley even had to leave the courtroom during some of the more graphic testimony about Thomas' condition. What mother wouldn't?

To have convicted Naramore of a crime would have been nothing less than cruel and unusual punishment and would have accomplished absolutely nothing in the name of justice.

From all I understand about Naramore, and in absorbing the words of his heartfelt and remorseful testimony, he deeply loved (it's fair to say doted) on his son. They regularly said prayers and sang together on days he drove Thomas to day care. The last thing the man would ever have done is intentionally harm his pride and joy, or hurt Thomas knowingly out of criminal negligence. This was purely an accident like those that happen nationally an average of 37 times each year.

Dr. David Diamond, considered an expert in car deaths of children, testified on four common reasons people accidentally leave children unattended in vehicles. Those are chaotic or atypical circumstances, stress or distraction, being sleep deprived, and because there is no conscious indication a child was left in the vehicle. The Florida psychologist also said he believed that, on the day Thomas died, Naramore was sleep-deprived and facing a challenging day in the courtroom. His routine pattern of behavior that day also had been interrupted when he stopped for breakfast at McDonald's. Those circumstances blended to create an environment where Naramore was unaware he'd failed to drop his quiet son at day care.

The judge quickly became preoccupied with the morning challenges and errands he planned to run to prepare for the couple's wedding anniversary. It wasn't until Naramore had left home after returning to retrieve a swim bag and snack for his son's swim lesson that it finally occurred that he didn't recall dropping Thomas at day care, which could only mean the little boy was still in the back seat.

Try to imagine the overwhelming devastation one would feel at that revelatory moment when they turn around and face the truth. It makes my heart race just visualizing that instant.

I wouldn't have had it in my heart to convict Wade Naramore of negligent homicide for this catastrophic accident. Of course he was responsible for what happened. He was the responsible adult. And he had no hesitation admitting his role from the earliest moments of the calamity.

If I'd had the option of charging him criminally, or accepting that monumental mistakes happen to good people, and leave the devastated Naramores to agonize in the confinement of their lifelong grief and recriminations, I would never have brought this case.

------------v------------

Mike Masterson's column appears regularly in the Arkansas Democrat-Gazette. Email him at [email protected].

Editorial on 08/23/2016

Upcoming Events