Rome officer won’t be charged in death of baby

The Oneida County District Attorney’s Office will not seek charges against a Rome Police Officer for his role in the death of his infant son, when he was off-duty.

In a release, Oneida County DA Scott McNamara explained that after a “lengthy and comprehensive” investigation, his office will not seek charges against Mark Fanfarillo regarding the death of his infant son, Michael Fanfarillo.

On June 6, at approximately 4:20 p.m., Mark Fanfarillo received a telephone call from his wife Jessica inquiring as to the whereabouts of their four-monthold son, whom Mark was supposed to drop off at day care.

Upon receiving the call Mark instantly realized that he had forgotten to drop him off and had left him in his car all day. He immediately ran to his car, finding

his son’s lifeless body in the backseat. Mark tried to resuscitate his son, as did emergency medical technicians and the medical staff at Rome Hospital, but they were unsuccessful.

Michael’s official cause of death is hyperthermia.

DA McNamara also spoke of the threshold for criminal liability in the case as it pertained to potential criminally negligent homicide charges.

“To be criminally negligent in our state, a person must fail to perceive that a substantial and unjustifiable risk will result from their conduct. A lapse or loss in memory is insufficient proof to satisfy the legal requirement of failing to perceive a risk - something more is require,” the release reads. “The law in our state recognizes a fundamental difference between the offender who leaves a child in a car knowing that the child is there but wrongly failing to appreciate the risk of such conduct, and the person who walks away from a vehicle after having forgotten that the child was still inside it.”

The district attorney’s office found no evidence of Fanfarillo previously leaving any of his children in a car or an sort of abuse. The Rome Police Officer was cooperative throughout the investigation, voluntarily submitting to a drug test. Results of the blood test were negative for ethanol, acetone, isoproponal, methanol, amphetamine, benzodiazepines, cocaine, cannabinoids, carisoprodol, fentanyl, methodone, methamphetamine, opiates, oxycodone, phencyclidine, and zolpidem. Police who arrived on the scene June 6, were asked to determine if there were any signs of intoxication by alcohol, marijuana, or drugs. All of the officers reported that Fanfarillo did not appear to be under the influence.

Fanfarillo agreed to numerous interviews throughout the investigation process, had his electronic devices seized, and never invoked his right to legal counsel. The evidence, gathered the Oneida County Sheriff’s Office, in- cluding statements by Fanfarillo and numerous other individuals, reveal the following account of that June day in which temperatures in Rome reached 77 degrees:

“On June 6, 2016, Mark Fanfarillo awoke at approximately 6:30 a.m. His wife, Jessica and his two sons, Brandon and Michael were already awake. On this day, Mark Fanfarillo was responsible for taking his older son, Brandon to day care in Whitesboro and then dropping his younger son, Michael off at day care in Rome. Mark Fanfarillo drove his older son to day care in Whitesboro. He brought both of his sons into the day care center. Mark carried Michael into the day care center in the car seat carrier. Michael was sleeping. Mark Fanfarillo left the older son there and place Michael back in the car seat holder in the rear seat of his car. Michael remained sleeping during the ride and Mark forgot that he was there and forgot to drop him off at day care.”

“Mark did not customarily take Michael to day care. Michael had only re- cently started going to day care and Michael was typically taken to day care by his mom. The records of the day care center indicate that Michael had gone to day care at their facility 22 times, of which Mark had only dropped Michael off three times. Mark returned home failing to remember Michael was still in the car. Mark got out of the car and went into his home. Mark engaged in household chores upon returning. This is corroborated by the forensic investigation of the home. Mark typically works a night shift and thus he normally sleeps during the day. After completing his house hold chores, Mark went to sleep and awoke at approximately 4:00p.m. Markhad plans to take is his older son to soccer practice. As Mark was leaving his home to get his older son, his wife called inquiring aboutwere Michael was. It was at that moment that Mark realized he had forgotten Michael in the car all day.”

The DA’s release concluded, “There is no evidence to suggest this is anythingmore than a tragic accident.”