Plea deal declined in case of child death in Magoffin County

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MAGOFFIN COUNTY, Ky. (WKYT) - He's charged with manslaughter for the death of his four-year-old son.

But a Magoffin County man agreed to a plea deal to lesser charges upsetting the victim's family.

However, a judge threw a twist in the case during a hearing Friday and that led to some tense moments.

The mother's family was relieved, but they say they know it's still not over.

It was expected that Friday would be an emotional one in a Magoffin County courtroom, but what wasn't expected was a little bit of a ruckus.

Emotions ran high, dealing with the death of four-year-old Cameron Mullins nearly two years ago. According to the coroner, his cause of death was blunt force trauma, ruling his death homicide.

"There's not a day that goes by that I don't think of my grandson, and I just miss him," said Dorthy Mullins, the boy's grandson.

The four-year-old's father James Garcia and his girlfriend Cindy Collins were both charged with manslaughter in the case. But after pleading guilty to falsely reporting an incident last year, Garcia also accepted a plea deal to the amended charge of reckless homicide, with a 16-month sentence.

"But no matter how long he spends, it will never bring back my son," said Jessica Mullins, the boy's mother.

However, today the judge refused to sign off on the deal, so now Garcia and his case are going to trial.

"He needs to spend more time. If it's another five years that he gets or 10 years, it will never bring back my son and never heal me," said Jessica Mullins. "But he needs to spend more time for what he has done. And yes, I'm happy."

Cameron's mother says she's relieved the courts rejected his plea deal.

"I've been wondering and waiting to see when something is going to be done for what he has done to my son, and it has taken two years since my son has been passed now," said Jessica Mullins

The defense also filed a motion asking the judge to recuse herself from the case.

Garcia's family did not want to comment. And Garcia is expected to be back in court sometime next week.

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