neighbor gerald lofton said ryan murphy's death has touched every family in this community. >> many families i've known where things happened it was just. you know it, could have been a terrible situation, but they just remember that the last moment and it was avoided, but i just think that this family needs to be left alone so they can grieve correctly and properly. >> reporter: but the commonwealth attorney is prosecuting. paul ebert says murphy made the same mistake in january leaving her son in the car only remembering when the daycare called her office asking if ryan would be coming. >> the law provides for punishment and penalty in such cases and as a result, i present an indictment to the -- presented an indictment to the grand jury yesterday. they returned one count felony murder, two counts of child abuse and neglect. >> i don't think the public good can be served by heaping grief upon grief on this family. it could have happened to anybody. >> reporter: defense attorney edward mcmahon says the county is just amplifying the pain of a family already in agony. >> but we will do everyt