Judge clears 400-pound man who smothered grandson to death in Ohio

(Photo Credit: Brown County Sheriff's Office/Family Photos/WLWT via CNN)

GEORGETOWN, Ohio — An Ohio judge has found a 400-pound man not guilty of reckless homicide for smothering his mildly autistic grandson to death while trying to restrain him.

The Cincinnati Enquirer reports Brown County Judge Scott Gusweiler ruled Monday there wasn’t any evidence to show that 58-year-old Donald Martin Jr. knew he was putting 11-year-old Dylan Martin-Davis’ life at risk when he placed his weight on top of the 90-pound (41-kilogram) boy last November.

A coroner ruled that Dylan died of asphyxiation.

Martin originally pleaded guilty and was then allowed to withdraw that plea.

The boy’s father called the ruling a “nightmare.” Dylan’s mother had custody of him, but he lived with his grandparents at their Mount Orab home in southwest Ohio.

Martin’s attorney said he wasn’t surprised by Gusweiler’s decision.

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