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NORTH TEXAS (CBSDFW.COM) – An Anna father is expected to be released from jail Thursday evening, after being cleared on two counts. But Joshua Cartee will head back to court for another trial pertaining to death of his two-year-old son.
Cartee’s family was just waiting for the paperwork to be finished, so that he can go home a free man. He will still face a new trial in April, but they say they’re not worried now that a jury has cleared him of Manslaughter.
Since two-year-old Jorden Cartee’s death inside a hot car at his parents’ home, Jennifer Kindle says the public has misunderstood what happened that day.
“It’s just great to finally tell the world that my son was so loved and not a child that was abused or hurt.”
Kindle’s husband, Joshua Cartee, faced one count of Manslaughter and two counts of Criminal Negligent Homicide, one for failing to lock the doors to his home, and one for failing to call 911 after he realized his son was missing.
It was on Wednesday that jurors told the judge they were undecided.
Kindle said, “I felt the jurors needed to go home and sleep last night, for the simple fact that Jorden needed to go put a little hand on them and show them who his daddy is.”
Jurors came back with a not guilty verdict on the issue of calling for help. They also agreed that failing to lock the doors did not amount to manslaughter.
But 11 of the jurors thought Cartee could be guilty of Criminally Negligent Homicide. There was one holdout and jurors said more deliberation would not make a difference.
Cartee’s attorney, David Kleckner, said he was very happy with the outcome, but the judge declared a mistrial over the undecided count, which prosecutors plan to retry later this year.
“Looking ahead I am not worried about that at all. I am prepared for the case.”
Kindle said the new trial isn’t as concerning. “That’s just a bump in the road that we can handle. Not a big deal.”
If found guilty of the remaining count of Criminal Negligent Homicide, Cartee faces anywhere from 180 days to two years behind bars.
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