"She had no legal duty to go in and save this child," Mr. Beyer
said. "If a person is not a parent or guardian, then they owe
no duty to that child."

But Blair County District Attorney Dave Gorman said she was,
at that moment, the child's guardian.

"Common sense dictates someone in that close proximity to a
child is obligated to do something," Mr. Gorman said. "I think
anybody in their right mind would jump in."

Both the defense and prosecution agree that Mr. Reffner never
specifically asked Ms. Newkirk to watch his son. But the
district attorney doesn't think that matters.

"If she didn't believe she had a legal duty, then why did she
pull the kid back the first time?" Mr. Gorman asked.


Does Mr. Gorman truly believe that the ONLY reason a person would help
another human being is that she thought she had a LEGAL DUTY to do so?
Sheesh, what a sad world Mr. Gorman lives in. I believe it was proper for
Ms. Newkirk to pull the boy away from the water. If she chose not to risk
her own life saving the little boy later when he fell in, that reasonable
decision should not be a criminal matter.

This decision sets a dangerous precedence. If any child dies anywhere,
there had better not be any adults within a 200 mile radius of them when it
happens. If so, ALL those adults are going to jail!!! -Dave