Updated 06/25/2010 10:36 AM
Tinkler acquitted of murder, guilty of manslaughter, child endangerment
A 28-year-old Troy man faces 5 to 15 years in prison when sentenced next month in connection with the death of his girlfriend's 3-year-old daughter. A Rensselaer County Court jury found John Tinkler guilty of manslaughter and endangering the welfare of a child charges, but acquitted him on the murder charge. Erin Vannella reports.
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TROY, N.Y. -- John Tinkler sighed in relief as the jury read not guilty to the charge of murder in the second degree. His expression dropped when two guilty charges followed, one for manslaughter in the second degree and one for endangering the welfare of a child.
"It is a victory of some extent," said defense attorney Sanford Finkel. "But he'll still spend a number of years in jail for something he may or may not have done."
"We are pleased with the jury's work in the case and we think it's a fair verdict," said Rensselaer County Assistant District Attorney Jessica Hall.
The jury's decision follows 13 hours of deliberation. They stayed late into the night Wednesday after listening to closing arguments. Both sides of the bench had submitted their pleas as to whom and what caused the three-year-old to bleed to death from a tear in her abdomen as was confirmed by the autopsy report.
Finkel cited doctors' testimony that one of the kids could have picked up a branch in Tinkler's backyard and poked her and that caused the death.
"We know that all the kids were all right," said Hall. "Nothing happened outside that day."
The jury's decision reflected a belief that Tinkler is responsible for the girl's death, but that it was not premeditated. Tinkler's attorney said the defendant said nothing after the verdict, but that the two will talk very soon in anticipation of an appeal.
"There is never a time when you look back on a decision in the negative that you don't think something could've or should've been done differently," said Finkel.
Tinkler could face five to 15 years in prison for the manslaughter charge and a year for endangering the child's welfare. His sentencing is scheduled for July 15th.