TOPEKA, Kan. (AP) — A Kansas man has been acquitted of first-degree murder in the death of his 4-year-old granddaughter from carbon monoxide poisoning.
A Shawnee County District Court jury on Friday acquitted Timothy Wayne Funk, 58, of murder and two counts of aggravated endangering a child.
He was charged after his granddaughter, Brandy Funk, of Beatrice, Nebraska, died at his Silver Lake home on July 23, 2019, The Topeka Capital-Journal reported. Another granddaughter in the home survived.
Court documents show Funk acknowledged he left a generator running in the house’s garage with its door shut when he was watching his granddaughters.
“He said running the generator with the garage door down wasn’t a smart thing to do but he didn’t think he would leave it down that long,” the affidavit said. “He said he remembers opening the door, but he doesn’t know exactly when.”
To convict Funk, prosecutors needed to prove he acted recklessly, said his public defender, Danielle Hamilton Slate. She told jurors that Funk acted in as responsible a manner as he could, given the knowledge he possessed.