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Man charged in death of 4-year-old granddaughter acquitted

Published: Dec. 3, 2021 at 3:40 PM CST
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TOPEKA, Kan. (WIBW) - The man charged in the 2019 death of his 4-year-old granddaughter has been acquitted of all charges related to the incident.

Shawnee County District Attorney Mike Kagay says a jury returned a “not guilty” verdict Friday against Timothy Funk Sr. on all charges related to the death of granddaughter, Brandy, in July of 2019.

Funk faces one count of felony murder and two counts of aggravated child endangerment.

Brandy was found unresponsive in Funk’s home in Silver Lake. An investigation had found Funk had run a gas-powered generator in an attached garage. Brandy died of carbon monoxide poisoning. Another 8-year-old child survived the incident.

A jury trial got underway Monday, Nov. 29, 2021. Kagay said jurors deliberated seven hours before reaching its verdict Friday, Dec. 3.

Kagay said, while the case was difficult for everyone involved, including the family of the victim, his office did follow the letter of the law and performed its duty.

“We applied the law to the facts of this tragedy,” Kagay said. “Under Kansas law, when a death results from the commission of that offense, the Felony Murder charge is appropriate. We performed our duty under the law. We are satisfied that justice has been done in this case and that everyone who participated in this process performed their roles appropriately.”

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