February 25, 2013
Charges have been dropped against the man accused of trying to abduct a child at the Fashion Square Mall.
James Kevin Key was accused of picking up a 2 year-old child, and walking away from the parents. The parents quickly retrieved the child from Key.
His attorneys successfully showed medical evidence that Key suffers from seizures, and one contributed to the alleged abduction.
The Commonwealth's Attorney, Denise Lunsford, says after reviewing extensive medical records, speaking with epilepsy specialists she determined she would likely be unable to prove beyond reasonable doubt that Key intended to withhold the child from its parents as a result of the seizure that he had.
Lunsford says she does not believe Key is a continuing threat to the community and restrictions have been put in place that he's agreed to.
"Mr. Key has agreed and his doctor has agreed to provide me information for the next two years about his medical condition to make sure he is following up on his treatments so that we don't have any other issues," Lunsford said.
Additionally she said his doctor is requiring a family member to attend every appointment with Key and that he have no seizures for a full year before getting a drivers license.
The Commonwealth can re-initiate the abduction charge or add new charges at anytime they feel necessary.