The lawyer for a former Greensburg man found not guilty last month of child endangerment charges, in connection with allegations he napped as his three young children walked alone on a city street, wants a judge to dismiss three remaining reckless endangerment counts.

Defense attorney Michael Garofalo in court documents argues there was not enough evidence presented during a two-day jury trial to support the remaining misdemeanor charges against Antonio Partlow, 33, now of New Kensington. A mistrial was declared after jurors deadlocked and could not reach a verdict on those offenses.

Garofalo said just one juror held out for a guilty verdict on the reckless endangerment counts.

“Defendant believes that based on the evidence presented that the jury should have voted unanimously to acquit him … specifically because of a lone holdout to convict,” Garofalo wrote.

The jury deliberated four hours before it returned with its not guilty verdict on the child endangerment charges.

Police said Partlow’s three children, twin 4-year-old boys and a 3-year old girl, were found by a good Samaritan walking alone on Vannear Street, about three blocks from their home in February 2020. At trial, police testified Partlow claimed he and his wife napped in an upstairs bedroom when the children left the home on that cold, 21-degree afternoon and knew that they previously had wandered off alone.

Prosecutors have not announced whether they will continue with the case against Partlow. Common Pleas Court Judge Christopher Feliciani ordered a hearing will be held on the request to dismiss the remaining charges.

Partlow’s wife, Michele Partlow, 34, now of Charleroi, pleaded guilty on Feb. 28 to an amended summary disorderly conduct offense and was ordered to pay $50 fine. Misdemeanor child endangerment and reckless endangerment counts were dismissed.

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