Autopsy results released Friday in the drowning of an autistic Clayton County boy revealed his death was accidental.
The results come nearly three weeks after the boy’s stepfather was fired from his teaching position on accusations he left the 11-year-old to drown in a bath tub.
Clayton County police charged Michael David Smith with murder and child cruelty in the June 28 incident.
Smith was giving stepson Ty Lee a bath when he stepped away from the bathroom for a moment to check on three other children, one of them a baby.
When he came back, Smith found his son dead in the bath tub.
Smith’s Lawyer Marsha Mignott said the boy may have had a seizure, which caused him to slip into the water and drown.
“This is a textbook case of what happens when you rush to judgment,” Mignott told Channel 2 Action News.
Mignott has said police and prosecutors should’ve waited until the autopsy report came back.
She’s hoping the new information will clear her client of the charges.
“There is no definitive indication of foul play related to his drowning event,” she told Channel 2. “I’m hopeful that the district attorney’s office is going to look at this document and do the right thing.”
Clayton County police officials did not immediately respond to a request for comment. The Clayton County District Attorney’s Office told Channel 2 it does not comment on pending cases.
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