DA to Decide Charges in Toddler Death

7-19-05 - Police have identified the victim in Monday's tragic accident in Durant. 20-month-old Toby Austin James was left in a parked car for over 3 hours by his mother. The boy didn't survive.

22-year-old Cindi Denise James told officers she thought she'd dropped the little boy at daycare on her way to work. The boy was inside a car seat in the rear of the SUV. When she finished her shift at Mazzio's Pizza, James realized what she'd done.

The 20-month-old was taken to Southeastern Medical Center where he was prounounced dead.

Police are still investigating and will hand over their findings to the District Attorney. It will be up to the DA to file charges. In similar cases in Dallas, charges are filed against the parent or guardian responsible.