| “Stephen McKim was indicted by the state Grand Jury for Shelby County for criminally negligent homicide. We denied Mr. McKim’s request for pretrial diversion. The Tennessee Supreme Court has ruled that we erred in our denial of diversion for Mr. McKim. Therefore, we have no choice but to place him on diversion at this time.
“Mr. McKim left his infant child inside a vehicle for approximately two hours in the sweltering summer heat, resulting in the death of the child. It has been our position that this is much more than a momentary lapse of memory. I regret that we are compelled by state law, as interpreted by the Supreme Court, to place him on diversion.
“State Senator Paul Stanley and State Representative John DeBerry have introduced legislation in this year’s General Assembly to prohibit pretrial diversion in cases of negligent homicide and reckless homicide, just as it is prohibited for other crimes involving the loss of life. I strongly support this legislative effort to address a serious shortcoming in our state law. No district attorney should be compelled to grant diversion to a defendant when loss of life is involved.” |