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KLAPHEKE TRIAL: What did her charge really mean?

Published On: Feb 13 2014 10:00:41 PM CST
Updated On: Feb 14 2014 02:52:25 PM CST
Klapheke walking through the courthouse

ABILENE , Texas -

Some KTXS viewers have written in asking us why Tiffany Klapheke isn't charged with murder or homicide.

Klapheke was convicted of injury to a child by omission in the death of her 22-month-old daughter Tamryn Klapheke on Dyess AFB housing in 2012.

We reached out to Professor Jerry Hollingsworth at McMurry University. Hollingsworth is also a former police officer.  

He told us this was a child neglect problem. Tiffany Klapheke did not actually commit the death act herself, but caused the death through neglect.

Injury to a child by omission means that the charged person allegedly owed a duty to the child to protect the child from injury or at least to get the child medical help if the child was injured.

It does not mean that the charged person actually inflicted the injury on the child.

According to Hollingworth, this is from the Texas Penal Code.