A former Boone County resident has been found not guilty of a first-degree manslaughter charge in connection to the death of her 1-year-old son.
Circuit Court Judge Richard Brueggemann handed down the ruling in favor of Kimberly S. Moore on Friday during proceedings in Burlington, according to court documents.
Moore called 911 requesting help for her son, Joshua Flinchum Jr., in May 2019, saying he fell off the bed head first at their Walton home and had gone unconscious, according to court documents. Moore said in the call that her son was struggling to breathe.
The boy died on May 8, 2022, nearly three years after his injuries.
Moore was indicted two days after her son’s death on one count of first-degree manslaughter, which carries a penalty of 10 to 20 years in prison.
During court proceedings, Moore testified that after placing her son in bed for a nap, she reached over for a remote for the television and saw him fall off the bed – stating he was in a crawling position and lunged off head-first, court documents noted.
The prosecution’s expert witnesses did not provide a method or technique by which they could conclude that the trauma to Joshua Flinchum Jr. was inflicted abuse, Brueggemann wrote in his ruling.
Moore was found not guilty, according to court documents.
“We are pleased, but not shocked, by Ms. Moore’s acquittal,” Whitney Wallace Allen, Moore’s attorney, said in an email to LINK nky. “She is innocent and the Boone Circuit Court recognized and agreed with that fact today. Her case, though tragic, is far from unique.”
Commonwealth’s Attorney for Kentucky’s 54th Judicial Circuit Louis Kelly said such cases are difficult.Â
“I’m proud of the work my team did at trial,” Kelly said via an email to LINK nky. “I firmly believe that we proved that the defendant had committed the crime beyond a reasonable doubt. While I am disappointed with the outcome, I respect the Court’s decision.”