Jurors in Miami have acquitted a man who was charged with manslaughter after his 6-month-old son choked on a lollipop.

The Miami Herald reports a jury decided late last week that the death of Jermaine Marcell Levy's son Marcell Jr. was accidental and not the result of reckless behavior.

Miami-Dade Assistant Public Defender Adam Saper says the "tragic accident" should have never been charged as a crime. He says the baby died on Father's Day 2018 as his father tried to resuscitate him.

Levy, now 20, was arrested after police said he hit the baby's mother in the mouth before kidnapping the boy who he had never taken care of. An arrest warrant says Levy was homeless and couldn't provide formula for the child and gave him a lollipop.

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Information from: The Miami Herald, http://www.herald.com