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Hamilton County: Man acquitted in child’s death released from jail
A man who was acquitted last week of abusing and killing his former girlfriend’s 18-month-old daughter has been released from jail.
Brian Rutherford walked out of Hamilton County Jail on Monday around 3:30 p.m., jail personnel said. He was found not guilty Thursday after a brief jury deliberation and two weeks of testimony.
“I’m thrilled for him, and I’m thrilled that the truth came out in this case,” said Myrlene Marsa, Mr. Rutherford’s defense attorney. “I’m happy that he gets to start his life over again, and I think he learned some hard lessons.”
Ordinarily, suspects charged and then acquitted will be released immediately, but before being indicted in the death of Sierra Carpenter, Mr. Rutherford had been arrested on federal gun theft charges, Ms. Marsa said.
The time Mr. Rutherford spent in the county jail was applied to his 33-month federal sentence on the gun charge, said Ms. Marsa, who was not Mr. Rutherford’s attorney on the weapons charge.
He was arrested on the gun-theft charge in April 2006. He was indicted and handed over to county authorities on charges of felony murder and aggravated child abuse in February 2007, Ms. Marsa said.
She said he now will serve three years of federal supervised release.
“We thought he was likely finished with his federal sentence, but earlier we weren’t sure that he would get credit toward those charges,” she said. “He didn’t know that he was going to be released until early (Monday).”
At this month’s trial in the death of Sierra Carpenter, the defense said the prosecution’s case basically was built on the assumption that the man always is responsible for domestic violence. Sierra’s mother, Traci Carpenter, maintains Mr. Rutherford is guilty of the crime.
Ms. Carpenter has been charged with aggravated child neglect. Prosecutors said they would not upgrade her charges in light of Mr. Rutherford’s acquittal.
She is scheduled to appear in court on Dec. 1, but a trial date has not been set.
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