Kelly Lynn Austin -- Deceased 3/27/83; Father Charles Austin Arrested for Her Murder

Hi Ann, you are such a sweetheart! I hope Cali doesn't mind that I used her poem...

Piper, both posts you dedicated to Kelly's birthday are beautiful!

Thanks Julie! And you're very welcome concerned! I know it's a tough month. We'll be thinking of you all and remembering Kelly.

concerned, so good to hear from you. Hope you are doing well. Give our love to Joyce and give her an extra big hug from me. I know what she is going thru, March is a very bad month for me too especially March 11th.

February was also a sad month as my second daughter died on Feb. 8th.

Mama, I'm so sorry........you're in my thoughts too.

Kelly would have been 33 years old today......

For all of you here.

Thanks Julie, I will gladly accept the single rose from you today. My girls give me one on Kim's and Karen's birthdays and at Christmas. I talked with Kelli today, and she is real sick with shingles, in 6 different stages, and the pain has gone into her legs so bad she can't walk. Then, on top of that, she is real depressed because of what day it is.

I'm looking forward to reading it, concerned. I'm sure it will be very meaningful. You are so talented.

Mama, I hope you're in higher spirits today........

My heart goes out to all of those who have lost loved ones. Concerned..you are so talented with your words. When I'm sad or upset...I use music to soothe my soul, so to speak.

concerned, your poem for Kelly is beautiful.

Thinking of Kelly, Joyce and Concerned this morning.....

I know yesterday was a sad day for Kelly's mother and loved ones.

Concerned, the poem you wrote for Kelly is beautiful as are all of your poems. I know yesterday was hard for all of Kelly's family, and to lose the family pet after 15 years, on this heart-breaking day, makes it that much worse.

Please know you and Kelly's mom are in my thoughts and prayers and will continue to be so till the courts bring justice for Kelly.

Preliminary Hearing 5/13/2011 8:30 a.m

Charles Austin has a hearing this morning.

Father takes special plea bargain in daughter's death in 1983

By Mike Cruz Staff Writer
Posted: 05/13/2011 06:32:08 PM PDT

SAN BERNARDINO - A former Highland man took a special plea bargain that allows him to be sentenced for his daughter's death almost three decades ago, while not actually admitting guilt.

Charles Henry Austin entered a plea agreement with prosecutors called a "West plea," named for the 1970 case of People v. West, during an appearance Friday before Judge Bryan Foster in San Bernardino Superior Court.

Austin's lawyer, Deputy Public Defender Erin Alexander, said the plea bargain was not the same as admitting guilt. Over the last 28 years, evidence in the case had gotten destroyed and witnesses had died.

Yet, Austin felt that the risk of going trial might be too great, Alexander said. She specifically told the court that Austin's plea was entered under People v. West, and such a notation was written on his court paperwork.

"He was devastated by his daughter's death, and he still is today," Alexander said.

Austin, now 57, pleaded guilty Friday before Foster to one count of involuntary manslaughter, which is an unintentional or accidental killing. The defendant is expected to be sentenced to four years in state prison when he returns to court Sept. 16.

Alexander said he will actually serve two years with behavior credits and has about 11 months left.

Deputy District Attorney John Thomas could not be reached for comment.



Read more: http://www.sbsun.com/news/ci_18060403#ixzz1ML54X0xz

This is not justice and my heartfelt condolences goes out to Kelly's loved ones. I am crushed by this special plea.

Having a moment of silence and prayer for Kelly........

I agree Piper. Justice has not been served. I'm very disappointed that he pretty much got away with his crimes just because so much time has passed.

My heart goes out to the family. I do not understand why evil seems to prevail over good destroying the victims and their families in cases like this. I trust that God will be the only one to make it right for little Kelly, no doubt she is sitting in his lap or in his arms. I will continue to pray for your family.

Very well said, TigerMom. That is the truth.

I feel justice has not been served in this case.

I wonder why the State agreed to the plea. Is it because so much time has passed and witnesses might not be available to testify (death, unable to locate, etc.)? Did they not have strong enough evidence to support a conviction if this case went to trial? Is it because this case was not properly investigated at the time of Kelly's death and now lacks evidence? Was evidence destroyed or mishandled from so many years ago?

Poor Kelly! What a precious child! Even though it was so many years ago, I was hoping this case would go to trial and her dad would be found guilty if evidence supported his guilt.

My thoughts and prayers are with Kelly's family. One of these days her dad will have to answer to a higher power.

~ ~ ~ Rest in peace, Kelly! ~ ~ ~

This is not right. I just can't fathom why on earth a child is killed and the killer gets to walk free in 11 months. Our laws need to change. How can this happen? How is someone supposed to believe in our justice system when things like this happen?

Prayers for Kelly and her family....Maybe Justice will get him in prison.