Prosecutors not going after man who took 12-year old boy on fata - KAIT Jonesboro, AR - Region 8 News, weather, sports

Prosecutors not going after man who took 12-year old boy on fatal hike

PHOENIX (3TV/CBS 5) -

The Maricopa County Attorney's Office will not pursue criminal charges against a man who took a 12-year old Valley boy on a deadly hike last year, during 110-degree heat. That is according to the boy's father and stepmother, who say they met with prosecutors this morning.

The boy, Cody Flom, died of heat exposure on July 22, 2016. He was hiking with his mother's boyfriend on a mountain trail in north Phoenix.

Cody's father, Brian Flom, told CBS 5 and 3TV that he believed the boyfriend should have known that the hike would be dangerous in the extreme heat and that the man, whose name has not been released, should face criminal charges.

"I feel like I failed Cody, I feel like the justice system failed Cody, badly." said Cody's father, Brian Flom. "We waited a year to even get this meeting, to be told that no, because we might not get a conviction. Guess what, you might not get a conviction on any case." 

"After thoroughly reviewing the circumstances involved and the evidence provided through the investigation, we have determined there is no reasonable likelihood of proving the required elements of a felony offense beyond a reasonable doubt," said County Attorney Bill Montgomery. "In fact, as tragic as the events of that day were all available evidence negates any theory of an intentional effort to harm Cody."

The Floms told CBS 5 Investigates that prosecutors said they did not feel that they could get a conviction in the case.

"This is not a statistic, this is a 12-year-old boy, my only child," said Flom. "And it is not acceptable what happened today, it is not acceptable, and we are not done."

Updates and reaction to this development to come.

RELATED:

Copyright 2017 KPHO/KTVK (KPHO Broadcasting Corporation). All rights reserved.

Morgan  LoewMorgan Loew is an investigative reporter at CBS 5 News. His career has taken him to every corner of the state, lots of corners in the United States, and some far-flung corners of the globe.

Click to learn more about Morgan .

Morgan Loew
CBS 5 Investigates

Morgan’s past assignments include covering the invasion of Iraq, human smuggling in Mexico, vigilantes on the border and Sheriff Arpaio in Maricopa County. His reports have appeared or been featured on CBS News, CNN, NBC News, MSNBC and NPR.

Morgan’s peers have recognized his work with 11 Rocky Mountain Emmy Awards , two regional Edward R. Murrow Awards for investigative reporting, an SPJ First Amendment Award and a commendation from the Humane Society of the United States. Last fall, Morgan was inducted into the National Academy of Television Arts and Sciences Silver Circle, in recognition of 25 years of contribution to the television industry in Arizona.

Morgan is a graduate of the University of Arizona journalism school and Concord Law School. He is the president of the Arizona First Amendment Coalition and teaches media law and TV news reporting at ASU’s Walter Cronkite School of Journalism and Mass Communication.

When he’s not out looking for the next big news story, Morgan enjoys hiking, camping, cheering for the Arizona Wildcats and spending time with his family at their southern Arizona ranch.

Hide bio

  • Featured VideoMore>>

  • Former Coyotes star Jeremy Roenick takes on angry rattlesnake

    Former Coyotes star Jeremy Roenick takes on angry rattlesnake

    Monday, November 20 2017 11:33 AM EST2017-11-20 16:33:37 GMT
    Monday, November 20 2017 11:43 AM EST2017-11-20 16:43:44 GMT
    (Source: Jeremy Roenick via Twitter)(Source: Jeremy Roenick via Twitter)

    A rattlesnake that apparently thought it had found itself a home in the garage of former Coyotes star Jeremy Roenick instead embarked on an unexpected high-flying adventure. 

    A rattlesnake that apparently thought it had found itself a home in the garage of former Coyotes star Jeremy Roenick instead embarked on an unexpected high-flying adventure. 

  • Tuesday @ 9 p.m. on 3TV: Flooded cars in Arizona

    Tuesday @ 9 p.m. on 3TV: Flooded cars in Arizona

    Thousands of flooded hurricane cars are already in Arizona. Can viewers spot the red flags of a water-logged wreck? 3 On Your Side puts them to the test - Tuesday at 9 p.m. on 3TV.

    Thousands of flooded hurricane cars are already in Arizona. Can viewers spot the red flags of a water-logged wreck? 3 On Your Side puts them to the test - Tuesday at 9 p.m. on 3TV.

  • Watch: Georgia Dome imploded after 25 years of use

    Watch: Georgia Dome imploded after 25 years of use

    Monday, November 20 2017 8:52 AM EST2017-11-20 13:52:16 GMT

    The only facility in the world to host the Olympics, Super Bowl and Final Four has been reduced to rubble. A little more than 25 years after opening, the Georgia Dome, former home of the Atlanta Falcons and the scene for several historic sporting events, was imploded.

    The only facility in the world to host the Olympics, Super Bowl and Final Four has been reduced to rubble. A little more than 25 years after opening, the Georgia Dome, former home of the Atlanta Falcons and the scene for several historic sporting events, was imploded.

Powered by Frankly