On May 14, 2002, the two-year-old son of a friend of appellant began having respiratory distress while he was in appellant's custody, and appellant's mother called 911. When the first-responders asked what had happened, appellant said, "This is probably going to be my fault."
The following day, May 15, appellant was taken to the police department in handcuffs. A reasonable person in such circumstances could reasonable conclude that he was under arrest or, at the very...
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