Prosecutors not going after man who took 12-year old boy on fatal hike

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PHOENIX (3TV/CBS 5) -

The Maricopa County Attorney's Office will not pursue criminal charges against a man who took a 12-year old Valley boy on a deadly hike last year, during 110-degree heat. That is according to the boy's father and stepmother, who say they met with prosecutors this morning.

The boy, Cody Flom, died of heat exposure on July 22, 2016. He was hiking with his mother's boyfriend on a mountain trail in north Phoenix.

Cody's father, Brian Flom, told CBS 5 and 3TV that he believed the boyfriend should have known that the hike would be dangerous in the extreme heat and that the man, whose name has not been released, should face criminal charges.

"I feel like I failed Cody, I feel like the justice system failed Cody, badly." said Cody's father, Brian Flom. "We waited a year to even get this meeting, to be told that no, because we might not get a conviction. Guess what, you might not get a conviction on any case." 

"After thoroughly reviewing the circumstances involved and the evidence provided through the investigation, we have determined there is no reasonable likelihood of proving the required elements of a felony offense beyond a reasonable doubt," said County Attorney Bill Montgomery. "In fact, as tragic as the events of that day were all available evidence negates any theory of an intentional effort to harm Cody."

The Floms told CBS 5 Investigates that prosecutors said they did not feel that they could get a conviction in the case.

"This is not a statistic, this is a 12-year-old boy, my only child," said Flom. "And it is not acceptable what happened today, it is not acceptable, and we are not done."

Updates and reaction to this development to come.

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Morgan  LoewMorgan Loew is an investigative reporter at CBS 5 News. His career has taken him to every corner of the state, lots of corners in the United States, and some far-flung corners of the globe.

Click to learn more about Morgan .

Morgan Loew
CBS 5 Investigates

Morgan’s past assignments include covering the invasion of Iraq, human smuggling in Mexico, vigilantes on the border and Sheriff Arpaio in Maricopa County. His reports have appeared or been featured on CBS News, CNN, NBC News, MSNBC and NPR.

Morgan’s peers have recognized his work with 11 Rocky Mountain Emmy Awards , two regional Edward R. Murrow Awards for investigative reporting, an SPJ First Amendment Award and a commendation from the Humane Society of the United States. Last fall, Morgan was inducted into the National Academy of Television Arts and Sciences Silver Circle, in recognition of 25 years of contribution to the television industry in Arizona.

Morgan is a graduate of the University of Arizona journalism school and Concord Law School. He is the president of the Arizona First Amendment Coalition and teaches media law and TV news reporting at ASU’s Walter Cronkite School of Journalism and Mass Communication.

When he’s not out looking for the next big news story, Morgan enjoys hiking, camping, cheering for the Arizona Wildcats and spending time with his family at their southern Arizona ranch.

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