Changes could be coming soon to Ohio's child endangering law because of the Brenda Slaby case.
Clermont County Prosecutor Don White is suggesting that the law needs to be changed.
The fact that the Glen Este Middle School Assistant Principal wasn't charged with a crime for the hot car death of her daughter, Cecilia, has angered many people.
It has also frustrated White, who said he could not pursue a charge of child endangering because the case lacked one crucial legal element- recklessness.
Recklessness is defined as "knowing that a risk exists, but intentionally ignoring that risk."
Slaby told Union Township Police she forgot Cecilia was in the car August 23 when she parked behind the school.
Prosecutors said that means she didn't know the two-year old was at risk.
Now, White is suggesting that the child endangering statute be modified.
"He (White) really is stuck with his hands tied," said Chief Assistant Prosecutor Daniel "Woody" Breyer. "He's stuck in a position whereby to do the right thing ethically and legally he has to turn his back on this."
"I think it's an attempt to untie the prosecutor's hands in situations like this," Breyer added.
White has contacted Ohio State Senator Tom Niehaus (R-14th District) and Ohio State Representative Joe Uecker (R-66th District) about having the legislature include an element of negligence in the child endangering law.
"He envisions kind of a tiered approach where the recklessness remains a felony if the child is seriously physically harmed," Breyer said. "Whereas the negligence would be one lesser offense -- perhaps a misdemeanor."
