James Roger Carpenter Jr. / Contributed photo by the Bradley County Sheriff's OfficeCharges against a Bradley County, Tennessee, man arrested last month on 27 counts of child neglect were dismissed Tuesday by a General Sessions Court judge.
Bradley County resident James Roger Carpenter Jr. was facing the charges until Judge Sheridan Randolph dismissed the charges, according to a press release issued Tuesday by the Bradley County Sheriff's Office.
"Ultimately, Judge Sheridan Randolph dismissed the 27 counts of child neglect against the daycare employee, due to his interpretation of the law regarding legal custody," the release states.
Randolph ruled the statute isn't broad enough for the charge brought against him, according to the release.
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"Judge Sheridan Randolph ruled that the children were 'not in the custody' of the day care and therefore the statute doesn't apply. We obviously disagree with this ruling," 10th Judicial District Attorney General Stephen Crump said in the release.
Crump said he'll attempt to get the case into circuit criminal court by taking the case straight to the grand jury, which can potentially issue an indictment based on state evidence.
"Our office will be presenting the case to a grand jury in its next term," Crump said.
Bradley County Sheriff Steve Lawson echoed Crump's disappointment.
"We are truly disappointed in this ruling," Lawson said. "I am confident that our deputies and detectives performed efficiently and executed their job well. The Bradley County Sheriff's Office will continue to work closely with the 10th Judicial District Attorney's Office and present the case to a grand jury as soon as possible."
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Carpenter was charged Feb. 10 in connection with a fire that day at Little Lamb's Child Care Center where he worked on Waterlevel Highway in Cleveland, the Times Free Press previously reported.
The day of the fire, 27 children and four staff members were moved to a nearby building, Bradley County officials said in a Feb. 10 statement on the fire and arrest.
While authorities were removing children from the day care, they noticed open beer containers present in a room and allegedly questioned Carpenter and believed he was under the influence of alcohol, according to the February release. Carpenter allegedly admitted to drinking multiple alcoholic beverages while working at the day care that day.
The Bradley County school system provided a bus and transported the children to Ocoee Middle School to be picked up by parents and guardians, Bradley officials said. The fire was extinguished in a few minutes, and no injuries were reported, officials said.
Contact Ben Benton at bbenton@timesfreepress.com or 423-757-6569. Follow him on Twitter @BenBenton.