Because of that, there are not yet any charges filed against Robert Delay in the death of Robert Cole.
According to a news release on the Van Buren County Sheriff's Office (VCSO) website, the preliminary findings indicate Cole developed a hemorrhage in his brain (a type of stroke) which is typically due to cardiovascular disease. The release states that according to the Arkansas State Medical Examiner's Office, direct injury to the head does not cause this particular pattern of hemorrhage.
The VCSO says Delay has cooperated fully with the investigation.
Today, the 20th Judicial District Prosecuting Attorney's explained further in the following news release:
The Twentieth Judicial District Prosecuting Attorney's office has received the Medical Examiner's
preliminary findings regarding the cause and manner of death of Mr. Robert Cole, of Clinton.
Mr. Cole died following an altercation with Mr. Robert Delay, on May 9, 2012, in Van Buren County. The Medical Examiner's preliminary findings are that Mr. Cole may have died as a result of a medical condition not caused by the injury he suffered during the altercation with Mr. Delay. Those findings, again, are preliminary. The Medical Examiner has cautioned that there remains a possibility that the May 9th altercation may have indirectly contributed to Mr. Cole's death. The Medical Examiner cannot make a final determination of the cause of Mr. Cole's death until additional scientific testing is completed.
Based upon those preliminary findings, the Prosecuting Attorney's office cannot conclude that there is, at this time, sufficient evidence to charge Robert Delay with a homicide. However, because the Medical Examiner's findings are not yet final, neither can the remote possibility of future homicide charges be ruled out. As a result, to bring lesser charges against Mr. Delay pending the Medical Examiner's final report would be premature and ill-advised. To do so might give rise to certain legal claims or defenses which could prohibit any future homicide charge against Mr. Delay from proceeding.
The Prosecuting Attorney's Office will consider the matter as remaining under investigation until the Medical Examiner's final report on the cause and manner of Mr. Cole's death is completed. This office, in keeping with its obligation to seek justice and its responsibility to exercise due diligence in any criminal investigation, will refrain from filing any charge against Mr. Delay until that investigation is complete.
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