Arkansan will not face charges after 4-year-old son found in hot car, filings show

A man arrested after his son was found in a hot car outside his workplace over the summer in Arkansas will not face formal charges, according to court filings.

Thao H. Xiong, 34, of Gentry was arrested Aug. 1 on one count of endangering the welfare of a minor after a co-worker found the 4-year-old child July 24 outside McKee Foods at 555 McKee Drive in Gentry.

The employee found the boy outside the snack food plant around 6:20 p.m. that day and immediately took him inside. Authorities arrived around 35 minutes later.

The boy had reportedly been in the hot vehicle for about 40 minutes on a day when the outside temperature was reported to be in the lower 90s. The heat index reached nearly 100 degrees.

In a filing Monday, prosecutors in Benton County moved to not file state charges against Xiong.

Benton County Prosecutor Nathan Smith said the state statute requires that someone purposely desert a child, adding that there was no proof that Xiong had done so.

"The ensuing police investigation revealed that Mr. Xiong simply forgot his son in the car that day in the distractions of his morning routine, rather than purposely abandoning him," Smith said in an emailed statement. "Since no evidence was found to show that Mr. Xiong purposely deserted his son, no charges can be pursued."

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