Oneida County District Attorney Scott McNamara says after a lengthy and comprehensive investigation, his office will not seek charges against Mark Fanfarillo regarding the death of his infant son, Michael.

The four-month old child was found unresponsive in his father's car in the Town of Western on June 6th and later died at Rome Hospital of hyperthermia.

McNamara says the facts and evidence in the case do not reach the threshold required for criminal liability.  He says state law recognizes a fundamental difference between the offender who leaves a child in a car knowing that the child is there but wrongly failing to appreciate the risk of such conduct, and the person who walks away from a vehicle after having forgotten that the child was still inside of it.

McNamara also says there is no evidence to suggest the incident was anything more than a tragic accident.

He says Fanfarillo, who is a Rome Police officer, was fully cooperative during the investigation.  The DA says blood tests to determine if Fanfarillo was under the influence of drugs or alcohol at the time of the incident came back negative.

The District Attorney's Office was assisted in its investigation by the Oneida County Sheriff's Office, Oneida County Child Protective Services, the Onondaga County Medial Examiner's Office and the Rome Police Department.

McNamara suggests that people visit the following website to learn more about parents inadvertently leaving their children in cars. 

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