Mote found not guilty
By Bob Robinson

GREENVILLE – On Aug. 21, Darke County Common Pleas Judge Jonathan Hein found Kyle P. Mote not guilty of state charges of Endangering Children and Felonious Assault, both Second Degree Felony offenses.

Endangering Children is defined as the abuse of a child under 18 that results in serious physical harm. Felonious assault is defined as causing serious harm to another.

In delivering his verdict Hein advised he was not required by law to provide statement of fact or reasons for conclusions. “As such, all I can do is give the verdict. I can however provide a perspective…”

Hein told a number of Children’s Service representatives in the courtroom their part seemed to work. They removed the child from a situation they believed to be harmful.

To Mote and the attorneys, Hein said the court has to be thoroughly convinced about the guilt of a defendant in order to find a guilty verdict.

“I find not guilty because I’m not thoroughly convinced.”

At that point Hein dismissed the court and left the courtroom.

Assistant Prosecutor Deborah S. Quigley said “we respect the court’s decision.”

She added in her opinion she had reasonable cause to bring the charges. Would she have done anything different?

“I don’t think so,” she said. “However I haven’t had a chance to go back and reflect on it.”

Neither Mote nor his attorney, Jose Lopez from Miami County, were available for comment.

Published courtesy of The Early Bird