Published: Aug 26, 2010 5:48 PM EDT
Updated: Aug 26, 2010 1:55 PM EDT

LEE COUNTY, Fla. - Reginald McKinnon will not accept a plea deal. McKinnon is charged in the death of his toddler who died from the heat in March.

It's been months since authorities say Reginald McKinnon left his baby daughter in the back of his car and forgot about her. McKinnon then went to work. When he left for the day, he returned to his car only to find his 17 month old daughter lifeless in the back of his SUV. It was too late to save her.

He faces up to 5 years in prison if convicted for leaving little Payton in the car. She was the first child in the US to die this year in a hot car, but she wasn't the last.

"Parents are busy, but they have to remember their number one goal is to take care of their children."

Close to 40 children have died so far this year after they were left in hot cars. That's already more than last year's total of 33.

Lee County firefighters get about 100 calls a year for children locked in cars. While deaths are rare, parents know it can happen.

"Parents are just so scatterbrained - going to work, providing for families, getting their kids to daycare, sports, so on."