Monday, July 13, 2015

Mom protests prosecutors' failure to not charge custodial dad in shooting death of 6-year-old daughter (Panama City, Florida)

It is surprisingly common for dads not to be charged in these kinds of incidents. In many cases, the police simply take Dad's word that it was an "accident," and that is that.

Dad is identified as EVAN HERNANDEZ.

Check this out here. Dad was CUSTODIAL:

A court document, filed Tuesday in response from Hernandez to the child’s mother’s motion for emergency custody of their younger child, said Hernandez was in another room of the apartment “practicing form” when the gun discharged and struck the daughter.

Hernandez and the girl’s mother, Cynthia Votta, had been in and out of child custody court since 2011, according to court records. Hernandez was awarded sole custody in 2013 after Votta moved out of the home without the children, court documents indicated. In September, a circuit court judge ratified Hernandez’s award of custody.

Mom decries prosecutors’ decision to not charge father in child’s death

By ZACK McDONALD | News Herald Writer

Published: Friday, July 10, 2015 at 07:38 PM.

PANAMA CITY — The mother of a 6-year-old girl shot by her father said state prosecutors’ decision to not press charges in the fatal incident was a failure of justice.

However, prosecutors maintained the shooting was accidental and did not meet the legal threshold to levy charges.

More than two months ago, a gunshot rang out from an apartment in the Andrews Place Apartment complex at 1914 Frankford Avenue, leaving 6-year-old Izabella Votta dead. Her father, 30-year-old Evan Hernandez, had pulled the trigger in an attempted “dry fire” test from his bedroom when the bullet traveled through the wall and struck his daughter in the head, according to investigation records.

Most recently, the State Attorney’s Office announced charges would not be filed against Hernandez. Cynthia Votta, mother of Izabella, said the decision seemed like a miscarriage of justice.

“Justice is not served,” Votta said. “My daughter lost her life out of her father’s carelessness and he still has more rights than anyone else.”