A DeKalb County Superior Court judge denied bond for the mother of a 4-year-old girl who was fatally shot while in a car on I-85 early last month, court records show.
Kaelin Lewis, 26, was driving on I-85 on Aug. 7 while her daughter, Kendal, was riding unrestrained in the back seat, according to an arrest warrant. The toddler found a gun and accidentally shot and killed herself, police said. The gun was stored under the driver’s seat, the warrant states.
Lewis was charged with second-degree murder and second-degree cruelty to children.
In Georgia, parents or caretakers can be charged with second-degree cruelty to children if investigators can prove criminal negligence. That is, whether an adult knew or should have known an unsecured gun was in the area and did nothing to keep it out of the reach of children. A second-degree murder charge can be added if the child dies.
But during a bond hearing Wednesday, DeKalb prosecutors hinted that the shooting may not have been an accident, according to Channel 2 Action News. Lewis’ charges have not been upgraded as of Thursday.
“She (Lewis) acted in a way that would be — that could seem not to be consistent with an accidental shooting,” Assistant District Attorney Tabitha Pazmino told the judge, adding that Lewis’ hands were tested for gunshot residue. Those results are still pending.
Pazmino explained that Lewis did not call 911 after hearing a “pop” and instead called her mechanic thinking the car malfunctioned, the news station reported. She then checked on her daughter but failed to perform CPR when instructed to do so by first responders, the prosecution said.
Lewis’ attorney, Jackie Patterson, told the judge his client didn’t perform CPR because she already knew her toddler was dead, Channel 2 reported.
“It is clear, your honor, that the facts are going to show that this was a tragic accident,” he said.
To vouch for her during the bond hearing, Lewis’ uncle was in attendance and told the judge his niece was “a loving mom and this is just a terrible and unfortunate situation.”
According to Channel 2, the prosecution argued that Lewis and her boyfriend got into violent arguments “and guns were potentially present,” Pazmino said.
The fights were concerning enough that Lewis’ family allegedly looked into seeking guardianship of the child, Channel 2 reported. But Lewis’ attorney said he never heard any of the family mention wanting to get guardianship of the toddler.
In a now-closed GoFundMe page that was set up to help with funeral costs, the family called the shooting a “tragic accident” and that Kendal was set to start pre-K the following day.
Ultimately, Judge Fatima El-Amin denied Lewis’ bond, stating that she poses a “significant threat or danger to a person, the community or to property in the community,” an order states.
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