No charges being sought for man accused of throwing child off swing

A top prosecutor says there's not enough evidence to charge the man whom a Roswell mom claims threw her daughter off a swing. Paul Oakes has always maintained he never touched the 4-year-old girl at Wills Park, let alone threw her to the ground. He said the finding by the Solicitor General backs that up. "The truth has finally come out," Oakes said. For the first time since allegations surfaced, Oakes is talking publicly about the situation. "It's been difficult for my family. I don't understand why somebody would do this, but it's over with now. I'm glad to hear that," Oakes said. Channel 2's Mike Petchenik obtained a letter sent to the GBI from the Fulton County Solicitor General, Carmen Smith, explaining why they are not seeking charges. "Other than the testimony of a 4-year-old child, there are no witnesses as to what the mother of the child claims that Paul Oakes did..." the statement said. "There does not appear to be enough evidence to charge and successfully prosecute this matter." "I never touched the girl. All of this was a fabrication for whatever reason. I'm not sure I understand why," Oakes said.

"You can't commit and crime and not get your punishment. That's not fair," Christole Abdelmaseh said. Abdelmaseh maintains she saw the husband of former Alpharetta City Councilwoman Cheryl Oakes, grab the swing her daughter Hadassah was riding and jerk it down, causing the girl to fall to the ground so his own grand-daughter could take a tu. "I think something should have happened, whether he got arrested or charged for assault at least simple battery," Abdelmaseh said. Police have said all along this was a case of he-said-she-said, and that no witnesses came forward to corroborate her story. The Solicitor General's letter leaves open the possibility this isn't all over just yet.

Abdelmaseh told Petchenik she plans to swear out a warrant before a magistrate's judge, which is the only other remedy the Solicitor General said she has at this point.

"I’m gonna stand up for my daughter until the end," she said.  " That’s not fair.  No person should commit a crime and get away with it.

But Oakes' private investigator T.J. Ward told Petchenik Abdelmaseh will have to disclose during her testimony that police and the Solicitor General have determined there's not enough evidence to prosecute the case.

”It would be unlikely the magistrate would obtain a warrant.