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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience:  Handling criminal and probation matters for over 14 years.
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My 15 year old son passed away a month ago it was ruled accidental

Customer Question

My 15 year old son passed away a month ago it was ruled accidental overdose.He was at a friends and the friend provided alcohol pills then a can of comp cleaner for them to huff! The friend stated he went outside to get air then friend stated his sis called him in for night assumed my son went hime! The friend had his cell in house! My son layed in the rain for ten hours fighting for life meanwhile my ex husband stated he thought he was home ex husband was drunk! THE FRUENDS OARENTS SURPRISINGLY CAME HOME FROM VACATION AT 6 AM? I ask investigators to xheck phone records because we think frienf and sis panic call parents home clean up then called for help! They were charged with child negkect for their own kids due to dirty home. Myquestion to police was why wasnt his father charged with neglect? Why was no one charged in this?My son would still be here if someone would have called 911 that night! The story is online my sons name was Trey Scott Spencer this happened in forsyth ga.Any legal answers would be great! I JUST WANT JUSTICE!
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 2 years ago.
Thank you for using JustAnswer!

I am terribly sorry to learn of your recent loss. I cannot imagine how painful that is. Am I correct to understand that no adults were home when this occurred?
Customer: replied 2 years ago.
Sorry for typos.There was 18 yr old sister but no parents they were vacationing 4 hrs away and just happened to arrive home at 6am ! THEY STATED THEY WENT TO BED PARAMEDICS WERENT CALLED UNTIL 830? POLICE DIDNT SEEM TO CARE I JUST WANNA KNOW IF CIVIL COULD BE FILED OR INVESTIGATION REOPENED? IM JUST CONFUSED BY THE KACK OFTHE POLICE ACTUALLY DOING THOROUGH INVESTIGATION?
Expert:  JB Umphrey replied 2 years ago.
Thank you for the follow-up.

Please clarify. If a 15-year-old voluntarily consumes alcohol, pills, and then huffs, when no parents are at the home, why do you believe that it is error for the police to rule the matter as an accidental overdose?
Customer: replied 2 years ago.
Because had they called for help he would be alive! Instead ten hours later paramedics were called!
Expert:  JB Umphrey replied 2 years ago.
In Georgia, it does not appear that the failure to call 911 is a crime. In some states it is, but not every state.

Depending upon the facts of the case, however, those who were involved in supplying your son with the pills, alcohol, and material to huff could be charged with manslaughter (causing the death by contributing to the delinquency of a minor by knowingly causing, aiding, abetting and encouraging a 15-year-old minor to become delinquent by giving him and encouraging him to ingest X, Y, and Z). An example of such a prosecution in the past is: http://www.ardmoreite.com/features/x1112597901/Third-plea-entered-in-teen-death

I do not know the facts of your son's situation. However, you may want to schedule a meeting with the detective-in-charge and his/her supervisor to review their investigation and probe/explore why they drew the conclusions that they did.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

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