Man Acquitted In Slaying Of Toddler

BOSTON -- A Boston man was acquitted Tuesday of first-degree murder in the fatal shooting of a toddler during a break-in attempt.

Video

Janet Wu Reports On Verdict

NewsCenter 5's Janet Wu reported that James Bush was found not guilty in the shooting death of 3-year-old Malik Andrade Percival in January 2002.

The verdict outraged prosecutors and family members.

"Somebody got away with murder of a 3-year-old," said Malik's aunt, Filomena Andrade.

Malik was standing behind his parents on Jan. 24, 2002, when they answered a knock at the door. A man falsely claiming to be a police officer tried to enter their home. In the struggle, the gun went off, fatally shooting Malik in the neck.

"(Bush) knows he killed my son. I know he killed my son. I had a conversation with him. He came knocking at my door asking if this was domestic violence, but nobody called for domestic violence. And then he pulled a gun and fired one shot in the house that hit Malik," said Malik's mother, Belmira Andrade.

"They're mistaken. I do believe the Boston Police Department convinced these parents that they had the right person and they were wrong," said Rosemary Scapicchio, Bush's attorney.

Arrested and charged, Bush, also known as James Sherrod, was identified by Malik's parents in photos, a line up and court. But Bush's attorney said there was no hard evidence or motive linking her client to the crime.

"I believe the homicide unit of the Boston Police Department did not do a thorough investigation in this case. Did not investigate other suspects, and did not process the crime scene correctly," said Scapicchio.

Malick' family said they never saw Bush before that night and they had no reason to lie.

"He is going to pay for it someday. The jury, too," said Belmira Andrade.

"I feel badly for the family because I know they believe that with their heart, but they are mistaken. It wasn't Mr. Bush. Mr. Bush is innocent in this case. He was innocent from the very beginning. The unfortunate part of this is that if the Boston police did their job, they might have caught the person who did this. But it is not Mr. Bush," said Scapicchio.

District Attorney Dan Connelly said he was disappointed by the verdict but defended the work of his office and the Boston Police Department.