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Posted on: July 31, 2017

County Attorney Declines Felony Prosecution in Connection with Hiking Death of 12-Year-Old Boy

PHOENIX— The Maricopa County Attorney’s Office has completed a review of a case submitted by the Phoenix Police Department involving the hiking death of a 12-year old Cody Flom back on July 22, 2016 and shared the analysis of the case and charging decision with Cody’s father and step-mother.

“After thoroughly reviewing the circumstances involved and the evidence provided through the investigation, we have determined there is no reasonable likelihood of proving the required elements of a felony offense beyond a reasonable doubt,” said County Attorney Bill Montgomery. “In fact, as tragic as the events of that day were all available evidence negates any theory of an intentional effort to harm Cody.”

On July 22, 2016, a 32-year-old man took his girlfriend’s son, Cody, on a hike when the temperature outside was above 110 degrees. The hike was supposed to take 45 minutes and Cody was given about 2 liters of water along with a piece of fruit to eat on the way to the hike. About a ½ mile into the hike Cody began showing signs of medical distress and a short time later fell to the ground. The adult with Cody attempted to carry him back to the vehicle, but was not able to do so without falling. He then decided to leave Cody in the shade and go back to the vehicle to contact emergency services. Cody was left alone for approximately 15 minutes before the adult and ranger returned to his location.

Cody was taken to a nearby hospital where he later died.

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