|
It's finally over, for a woman convicted of causing the death of a 7-year-old, in her care.
In April, a jury found Carolyn Futrell guilty of involuntary manslaughter, in the death of Kayla Allen.
They sentenced her to the time she had already served. This week the Onslow County District Attorney's office dismissed an extra charge of felony child abuse.
Nine On Your Side’s Parul Joshi talked exclusively with the woman at the center of it all.
Carolyn Futrell says, "We're very glad they came to that decision and now we can move on."
Futrell says while she's grateful for her freedom, she can never forget.
She says, "I live with regret for Kayla's death everyday. I loved her she was a part of my heart. If I hadn't put that bottle under my sink where it could be accessible this never would have happened and I think about that everyday and I have to live with that and I'm dealing with that but it doesn't make it any better."
Chief Assistant District Attorney Ernie Lee says, "State argued very heavily for First Degree Murder, I know family was disappointed with decision however in same vein we must respect the deliberation and verdict of this jury."
Lee says he dismissed the felony child abuse charge against Futrell because of the way the jury ruled.
Lee says, "The jury apparently rejected idea this was an intentional killing and found it to be unintentional under involuntary manslaughter, felony child abuse also requires intentional act therefore under legal doctrine ‘collateral estoppel’ which is sort of tied to double jeopardy we can't try her for felony child abuse."
Lee says it is a matter of fairness. He says while the victim's family needs closure, the defendant does too.
Futrell says, "And grieve Kayla the way we need to and try to put our lives back together."
Chief Assistant District Attorney Ernie Lee says the state asked the judge to try both the felony abuse and murder charged, at the same time, but the judge denied that. Lee says he won't bring any other charges, so the criminal case involving Kayla Allen's death is closed.
Emphasis added by H4K Editor
|