Home | News | Regional | Joshua Cartee whose son died in hot car NOT GUILTY of negligence and manslaughter

Joshua Cartee whose son died in hot car NOT GUILTY of negligence and manslaughter

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  • Joshua Cartee, 33, was arrested in September 2013 after his son Jorden snuck out of the house and got into his father's car
  • By the time neighbors found the toddler, it was too late; he died four days later
  • Cartee was acquitted of a manslaughter charge and one count of negligent homicide, but jury deadlocked on second negligent homicide count

By Snejana Farberov For Dailymail.com

Published: 16:45 EST, 5 February 2015 | Updated: 18:30 EST, 5 February 2015

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A Texas father whose son died after climbing into his hot car while unsupervised has been found not guilty of negligence.

Joshua Cartee, 33, was arrested in September 2013 after his 2-year-old son, Jorden, snuck out of the family’s home in Anna and got into his father’s car on a hot day while the man was taking a nap at home.

Neighbors eventually discovered the toddler inside the overheated sedan, but it was too late; Jorden Cartee died in the hospital four days later, on September 19, 2013.

Joshua Cartee
Jorden Cartee died after being found in a hot car

Cleared: Joshua Cartee, 33 (left), has been acquitted of manslaughter and criminal negligence in the hot-car death of his 2-year-old son, Jorden (right)

Too late: The toddler was discovered unresponsive on the floor of his father's car in September 2013

Too late: The toddler was discovered unresponsive on the floor of his father's car in September 2013

Heartbreaking: Little Jorden passed away in the hospital four days later

Heartbreaking: Little Jorden passed away in the hospital four days later

On Thursday, it took a 12-person jury more than six hours of deliberations to acquit Joshua Cartee of a manslaughter charge and one count of negligent homicide.

The presiding judge declared a mistrial on a second count of negligent homicide when the jurors could not reach a verdict.

The father was unanimously found not guilty of recklessly causing his son's death by failing to lock the front door to prevent him from leaving; he was also cleared of not calling police to help him look for Jorden.

It is now up to the prosecution to try Cartee again, or to dismiss the third charge against him.

Cartree's wife of nearly 10 years and the mother of his two sons told Dallas Morning News she felt overjoyed when the verdict was announced.

'We're walking out of here like winners,' Jennifer Kindle told the paper.

Most of the 12 men and women on the jury panel agreed, however, that Jorden Cartee's death was a preventable accident.

According to prosecutors, on September 13, 2013, little Jorden walked out the unlocked front door of his family home and climbed into Cartee's car.

About an hour and a half later, the Cartees' neighbors found the toddler alive but unresponsive on the floor behind the driver's seat. Temperatures were in the 90s that day.

The 2-year-old was taken to Children’s Medical Center in Dallas, where he was placed in a medically induced coma to try and reduce the swelling in his brain.

Despite the doctors' efforts, Jorden passed away four days later.

The medical examiner ruled the child's death an accident, but his father was arrested because the child was in his care.

Joshua Cartee was unanimously found not guilty of recklessly causing his son's death by failing to lock the front door

Still together: Jennifer Kindle (pictured left), Jorden's mother and Joshua Cartee's wife, said after the verdict she was happy her husband of 10 years (right) was acquitted

Not out of the woods yet: A judge declared a mistrial on a second count of negligent homicide against Cartee (pictured), leaving the door open for the prosecution to put him on trial again

Not out of the woods yet: A judge declared a mistrial on a second count of negligent homicide against Cartee (pictured), leaving the door open for the prosecution to put him on trial again

During the trial, prosecutors told the jury Jorden’s parents knew he was prone to sneaking out.

Less than two months before the tragedy, the toddler was found in his diaper playing on the side of a busy highway, which prompted an investigation by Child Protective Services

Mr Cartee had installed additional locks on the front and back doors, and a CPS official created a 60-day safety plan for the family requiring the parents to keep an eye on their son at all times and make sure the exits were bolted.

Police and CPS caseworkers testified that on the morning of September 13, Joshua Cartee did not lock the doors after his wife left to drop their older son at school.

He settled in for a nap with Jorden, but when he awakened at around 12.30pm, his wife still was not home and his son was nowhere to be found.

Cartee told investigators he scoured his home and surrounding area for an hour before he went to his neighbors for help. About 15 minutes later, Jorden was finally located.

Joshua Cartee said that while searching his property, he notice did notice that the trunk of his car was open, but he did not see his son inside.

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