Colonie Police say on a normal day, the boy's father drops him off at daycare and the mother picks him up.
But Thursday, the father forgot.
"Everything right now appears that this was a legitimate, although potentially horrific error," says Lieutenant Winn. "There may or may not be criminal charges that fit to that."
Winn says if a charge was to occur, it would likely be Endangering the Welfare of a Child.
However, the law states a person is guilty of that only if he or she knowingly acts in a manner likely to be injurious to the physical, mental, or moral welfare of a child.
"Child Protective Services is involved, which means going forward, it will be made sure this is a proper environment for the kid, that there is nothing in the past and going forward there will be some monitoring there," says Winn.
Police say there are a couple of factors that contributed to the boy's survival, including the fact that the father had between a 35 and 40 minute commute into work and that the car was parked in the sun.
In NEWS10's parking lot, a thermometer was left inside two cars, one parked in the sun and one parked in the shade.
After just three hours, the car in the sun was at 56 degrees and the car in the shade was at 28 degrees.
Police say the fact that it is winter, saved the boy's life.
"It's very well documented how hot a car can get if left in the sun in the summer, so I don't think this would have had the same resolution, no," says Winn. "Other
than having a soiled diaper and the normal stresses of being in a car, the
child in all aspects appeared okay."
Winn says the child was strapped in his car sear and dressed for warm
weather. The father was distraught when he realized what happened.
had been experiencing some other issues in his life, he had a recent death in
his family," says Winn. "Some of his co-workers say he has been
distracted recently and that's one of the things we're looking into."
psychologist, Dr. Frank Doberman says the recent death likely played a big
factor into the incident.
the child is quiet or the child falls asleep, his mind goes on automatic pilot
and shifts from his normal routine," says Dr. Doberman.
Doberman says the recent death is not an excuse, but certainly the stress
was a contributing factor to what police are calling a horrific mistake.
"I think he fell into his
automatic activities and mindlessly didn't remember what he needed to do,"
Local News <a href="http://www.wten.com/category/173731/-local-news">More>></a>Local NewsMore>>
GAROGA, NY -- Pieces of the airplane that crashed near Garoga, NY on Route 29 are now scattered across a 1 square mile debris field. "I heard this airplane made a circle, then two circles around," saidMore >>
A volunteer Angel Flight crash in Ephratah killed two Friday night, and a search is underway for the missing pilot.More >>
SCHENECTADY, N.Y. – Schenectady Police arrested four men Thursday during a prostitution operation. The four men, 38-year old Matthew R. Geren, 70-year old Anthony J. Robilotto, 38-year old John R. BryantMore >>
Schenectady Police arrested four men Thursday during a prostitution operation.More >>
ALBANY, N.Y. (AP) - A former New York state insurance agent is accused of taking an elderly couple's retirement savings and never investing the money they gave him. According to state Attorney GeneralMore >>
A former New York state insurance agent is accused of taking an elderly couple's retirement savings and never investing the money they gave him.More >>
ALBANY, N.Y. (AP) - The New York state Department of Labor is monitoring rides at 49 carnivals and fairs over the Memorial Day weekend. The department is responsible for monitoring thrill rides at theMore >>
The New York state Department of Labor is monitoring rides at 49 carnivals and fairs over the Memorial Day weekend.More >>
ALBANY, N.Y.---It's a charter school success story dating back to 2005. That's when Kipp Tech Valley was founded, with its first group of fifth graders. Those fifth graders are now graduating high school.More >>
It's a big milestone for the charter school, with 82 percent of its first graduating class heading to college in the fall.More >>
RENSSELAER, N.Y. (AP) - Authorities say police divers will be back in the Hudson River to resume the search for a man who went into the water while fishing from an Albany-area dock. Police in RensselaerMore >>
The body of 25-year old John Dandrow, who went into the Hudson River while fishing from an Albany-area dock, has been recovered by authorities.More >>
TROY, N.Y. -- Due to expected rain, winds, and low temperatures Rensselaer will conduct its annual Commencement ceremony indoors at the Houston Field House at 8:30 a.m. Saturday, adjacent to the East CampusMore >>
Due to expected rain, winds, and low temperatures Rensselaer will conduct its annual Commencement ceremony indoors at the Houston Field House at 8:30 a.m. Saturday, adjacent to the East Campus Athletic Village (ECAV) Stadium where the outdoor ceremony was to have taken place.More >>
GLOVERSVILLE, N.Y. – Gloversville Police are currently investigating reports of a dog being stolen from the Regional Animal Shelter overnight. According to shelter employee Rene Earl, a volunteer showedMore >>
The dog stolen from Regional Animal Shelter overnight has been returned by Animal control.More >>
DALTON, Mass. - Family, friends and supporters gathered Friday for the funeral of a Berkshire County soldier killed in the line of duty. Funeral services for 24-year-old U.S. Army Specialist Mitchell Daehling,More >>
Family, friends and supporters gathered Friday for the funeral of a Berkshire County soldier killed in the line of duty.More >>
ALBANY, N.Y. -- Memorial Day is a day when Americans remember the men and women who died serving in the United States Armed Forces. Various celebrations, memorials, and parades will take place throughoutMore >>
Memorial Day is a day when Americans remember the men and women who died serving in the United States Armed Forces.More >>