Prosecutor: "We Didn't Have the Evidence" - | Chattanooga News, Weather & Sports

Prosecutor: "We Didn't Have the Evidence"

By Megan Boatwright, Channel 3 Eyewitness News Reporter

MCMINN COUNTY (WRCB) -- A man who admitted to raping and murdering his daughter will not serve any more time in jail.

Mitchell Delashmitt pleaded to lesser charges, and was released on time served.

Delashmitt did not want to talk on camera, but his father, Charlie Delashmitt, says even though his son will not serve anymore jail time this is a no win situation for everyone involved.

After time served, Mitchell Delashmitt's sentence boils down to a year and half probation.

Mitchell Delashmitt is a free man Friday after some extraordinary circumstances allowed murder and rape charges to be reduced to reckless homicide and child endangerment.  A series on technical errors led to the plea of lesser charges.  The biggest error revolving around former medical examiner, Dr. Ron Toolsie.

"We were willing to go to trial with Dr. Toolsie," says prosecutor, Jim Stutts.  If he had a license." 

Just last week Assistant D.A Jim Stutts believed he would take the man who essentially admitted to the murder and rape of his own child to trial.  They were even selecting a jury earlier this week.

"We received word first part of the week that the State of Georgia medical board had suspended Toolsie's license," says Stutts. 

Toolsie's Tennessee medical license was suspended for 6 months in 2007, but the State of Georgia yanked his license when Toolsie was arrested for illegally pedaling medicine.

"So when we lost our medical evidence we didn't have the ability to make any of those connections," Stutts says. 

Left with no evidence the prosecutor was forced to fashion a deal that ended up falling much shorter than he and probably a whole community hoped.

"I wish we could have done more for the little girl and her family then we were able to," says Stutts.  "We just reached a point where we didn't have the proof." 

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