Showing posts with label South Dakota. Show all posts
Showing posts with label South Dakota. Show all posts
Sunday, August 16, 2015
Dad charged in death of 2-week-old daughter appears in court (Sioux Falls, South Dakota)
Dad is identified as MICHAEL SCHUMM.
http://www.kdlt.com/news/local-news/father-charged-in-child-abuse-case-appears-in-court/34660052
Father Charged In Child Abuse Case Appears In Court
Rachel Skytta, KDLT News Weekend Anchor
POSTED: 04:47 PM CDT Aug 11, 2015
SIOUX FALLS, S.D. - A 21-year-old Sioux Falls man turned himself in after a warrant was issued following the death of his infant daughter.
Michael Schumm is charged with child abuse and neglect as well as possession of marijuana.
The charges stem from the death of Schumm's two-week-old daughter last week.
Schumm was home with the infant when she stopped breathing. Police say he did not call 9-1-1 until 25 minutes after he knew something was wrong.
Police also found more than two ounces of marijuana in his apartment.
A judge has set Schumm's bond at $15,000. He is also ordered to have no contact with children under the age of seven.
Schumm is allowed to submit a request to attend his daughter's funeral.
http://www.kdlt.com/news/local-news/father-charged-in-child-abuse-case-appears-in-court/34660052
Father Charged In Child Abuse Case Appears In Court
Rachel Skytta, KDLT News Weekend Anchor
POSTED: 04:47 PM CDT Aug 11, 2015
SIOUX FALLS, S.D. - A 21-year-old Sioux Falls man turned himself in after a warrant was issued following the death of his infant daughter.
Michael Schumm is charged with child abuse and neglect as well as possession of marijuana.
The charges stem from the death of Schumm's two-week-old daughter last week.
Schumm was home with the infant when she stopped breathing. Police say he did not call 9-1-1 until 25 minutes after he knew something was wrong.
Police also found more than two ounces of marijuana in his apartment.
A judge has set Schumm's bond at $15,000. He is also ordered to have no contact with children under the age of seven.
Schumm is allowed to submit a request to attend his daughter's funeral.
Thursday, November 20, 2014
Protective mom fights abusive custodial dad over disabled sons (Plymouth County, Iowa)
Since this is being covered in the Native American press, the issue is being framed as a Native mother being crushed by a white father. That angle obviously plays into it, no doubt about it.
But we have seen similar situations played out where ethnic/racial differences are not apparent. To a very large extent, this is testimony to how much power the fathers rights movement has been able to wield over the family courts and child "protection" system. And that also needs to be brought out.
The fact that 17-year-old boys are being silenced by the courts is very much a fathers rights thing. SHAME ON JUDGE EDWARD JACOBSON for engaging in heavy-handed FR tactics.
See our previous post here. For some reason, the father has not been identified in the media.
http://indiancountrytodaymedianetwork.com/2014/11/20/sioux-mother-return-court-latest-fight-her-abused-sons-157916
Sioux Mother to Return to Court in Latest Fight for Her Abused Sons
Suzette Brewer 11/20/14
On Friday, November 21 another hearing is scheduled in the Iowa District Court in Plymouth County in an interstate custody showdown that has sparked national outrage among tribes and Indian child welfare advocates over the return of disabled twin brothers to the custody of their non-Indian father, who has six founded cases of child abuse on his record. One of the boys is wheelchair bound with cerebral palsy, while the other is blind and has autism.
Last June, Audre’y Eby, the twins’ Rosebud Sioux mother who resides in Nebraska, was jailed for a week in Iowa on kidnapping charges for refusing to return the boys back to their father after officials in Nebraska threatened her with child endangerment charges when they found evidence of abuse during an emergency room visit, in which blood and bruises were found on one of the boys’ groin area. The boys testified to officials in both states that their father’s girlfriend had kicked one of them after she caught him masturbating and that the father had threatened to “cut his privates off.”
Trapped between competing interstate jurisdictions, Eby said she had no choice but to keep her children, even though she subsequently went to jail in Iowa for trying to protect them from their abusers.
Eby kept the boys in Nebraska for a time, but subsequently moved them to the Rosebud Indian Reservation in South Dakota in order to protect them from their father and his live-in girlfriend, both of whom have been placed on the Iowa Central Abuse Registry for physical abuse, denial of critical care and failure to provide proper supervision to the twins. In early October, the boys, who are now 17, were ordered to appear before Judge Edward Jacobson for testimony at a hearing, with which Eby complied. But rather than allowing the boys to testify as ordered, Jacobson instead ordered half a dozen police officers to physically remove the boys from their mother’s custody in the hallway of the courthouse in front of at least a dozen bystanders, who were shocked that the incident took place in such a public manner with no plan for a peaceful transfer, as usually is required under these circumstances. Eby said both boys were struggling and screaming to stay with her as they were being led away by law enforcement.
“Judge Jacobson said ‘I don’t allow children to testify in my court,’” said Eby. “The order was a ruse to get me to bring them [to Iowa] so they could take them from me.”
Subsequently, in a one-page ruling issued by Judge Edward Jacobson that only vaguely refers to the evidence that was presented, the boys were immediately ordered back to their father that day. Jacobson only mentioned that Eby had “absconded” with the children, in spite of the fact that the State of Nebraska had threatened her with child endangerment if she returned them to their father. Judge Jacobson also ordered that “Mr. Courtright shall have full care, custody, and control of both children. Visistation [sic] shall be at Mr. Courtright's discretion,” in spite of six founded charges of abuse on father’s record.
Eby has had no contact with her children since that time and that the boys’ father has threatened her that she will “never see them again” if she continues with the case.
“One can say that these young men fell through the cracks,” says Frank LaMere, the director of the Four Directions Community Center in Sioux City, Iowa. “The people over in Plymouth County absolutely knew what was happening to these boys and they turned a blind eye. The DHS and the officers of the court are very aware of the abuse charges against their father, but they feel no responsibility whatsoever in spite of the fact that these allegations have been confirmed and are on the record.”
LaMere says that he intends to be at the hearing on Friday, along with other members of the Native community to show their support for the twins and their mother, who they feel is victim of the racist policies toward Native parents in courtrooms across the country.
“If a Native man had six allegations of abuse on his record, he would be serving five to 10 years in prison,” said LaMere, who is a member of the Winnebago Tribe of Nebraska. “But we have a white father and a white girlfriend with six founded charges and what does Judge Jacobson do? He gives the abused children back to their perpetrators and throws the Indian mother in jail. I’ve never seen anything like it in all my years of Indian child welfare experience.”
Next week, Eby and LaMere are scheduled to attend the 12th Annual March to Honor Lost Children in Sioux City. For 12 years, says LaMere, it has been necessary to organize these marches and events to raise awareness of the challenges faced by Native community members who find themselves locked in a never-ending battle with child welfare systems across the country.
“We have worked hard to build a good relationship with officials here in Woodbury County,” said LaMere. “But there are countless counties across the country that ignore the Indian Child Welfare Act. Sadly, they forget that ICWA is not a ‘defense’ strategy – it is federal law. And we want to ensure that they are attentive to the requirements of the law.”
But we have seen similar situations played out where ethnic/racial differences are not apparent. To a very large extent, this is testimony to how much power the fathers rights movement has been able to wield over the family courts and child "protection" system. And that also needs to be brought out.
The fact that 17-year-old boys are being silenced by the courts is very much a fathers rights thing. SHAME ON JUDGE EDWARD JACOBSON for engaging in heavy-handed FR tactics.
See our previous post here. For some reason, the father has not been identified in the media.
http://indiancountrytodaymedianetwork.com/2014/11/20/sioux-mother-return-court-latest-fight-her-abused-sons-157916
Sioux Mother to Return to Court in Latest Fight for Her Abused Sons
Suzette Brewer 11/20/14
On Friday, November 21 another hearing is scheduled in the Iowa District Court in Plymouth County in an interstate custody showdown that has sparked national outrage among tribes and Indian child welfare advocates over the return of disabled twin brothers to the custody of their non-Indian father, who has six founded cases of child abuse on his record. One of the boys is wheelchair bound with cerebral palsy, while the other is blind and has autism.
Last June, Audre’y Eby, the twins’ Rosebud Sioux mother who resides in Nebraska, was jailed for a week in Iowa on kidnapping charges for refusing to return the boys back to their father after officials in Nebraska threatened her with child endangerment charges when they found evidence of abuse during an emergency room visit, in which blood and bruises were found on one of the boys’ groin area. The boys testified to officials in both states that their father’s girlfriend had kicked one of them after she caught him masturbating and that the father had threatened to “cut his privates off.”
Trapped between competing interstate jurisdictions, Eby said she had no choice but to keep her children, even though she subsequently went to jail in Iowa for trying to protect them from their abusers.
Eby kept the boys in Nebraska for a time, but subsequently moved them to the Rosebud Indian Reservation in South Dakota in order to protect them from their father and his live-in girlfriend, both of whom have been placed on the Iowa Central Abuse Registry for physical abuse, denial of critical care and failure to provide proper supervision to the twins. In early October, the boys, who are now 17, were ordered to appear before Judge Edward Jacobson for testimony at a hearing, with which Eby complied. But rather than allowing the boys to testify as ordered, Jacobson instead ordered half a dozen police officers to physically remove the boys from their mother’s custody in the hallway of the courthouse in front of at least a dozen bystanders, who were shocked that the incident took place in such a public manner with no plan for a peaceful transfer, as usually is required under these circumstances. Eby said both boys were struggling and screaming to stay with her as they were being led away by law enforcement.
“Judge Jacobson said ‘I don’t allow children to testify in my court,’” said Eby. “The order was a ruse to get me to bring them [to Iowa] so they could take them from me.”
Subsequently, in a one-page ruling issued by Judge Edward Jacobson that only vaguely refers to the evidence that was presented, the boys were immediately ordered back to their father that day. Jacobson only mentioned that Eby had “absconded” with the children, in spite of the fact that the State of Nebraska had threatened her with child endangerment if she returned them to their father. Judge Jacobson also ordered that “Mr. Courtright shall have full care, custody, and control of both children. Visistation [sic] shall be at Mr. Courtright's discretion,” in spite of six founded charges of abuse on father’s record.
Eby has had no contact with her children since that time and that the boys’ father has threatened her that she will “never see them again” if she continues with the case.
“One can say that these young men fell through the cracks,” says Frank LaMere, the director of the Four Directions Community Center in Sioux City, Iowa. “The people over in Plymouth County absolutely knew what was happening to these boys and they turned a blind eye. The DHS and the officers of the court are very aware of the abuse charges against their father, but they feel no responsibility whatsoever in spite of the fact that these allegations have been confirmed and are on the record.”
LaMere says that he intends to be at the hearing on Friday, along with other members of the Native community to show their support for the twins and their mother, who they feel is victim of the racist policies toward Native parents in courtrooms across the country.
“If a Native man had six allegations of abuse on his record, he would be serving five to 10 years in prison,” said LaMere, who is a member of the Winnebago Tribe of Nebraska. “But we have a white father and a white girlfriend with six founded charges and what does Judge Jacobson do? He gives the abused children back to their perpetrators and throws the Indian mother in jail. I’ve never seen anything like it in all my years of Indian child welfare experience.”
Next week, Eby and LaMere are scheduled to attend the 12th Annual March to Honor Lost Children in Sioux City. For 12 years, says LaMere, it has been necessary to organize these marches and events to raise awareness of the challenges faced by Native community members who find themselves locked in a never-ending battle with child welfare systems across the country.
“We have worked hard to build a good relationship with officials here in Woodbury County,” said LaMere. “But there are countless counties across the country that ignore the Indian Child Welfare Act. Sadly, they forget that ICWA is not a ‘defense’ strategy – it is federal law. And we want to ensure that they are attentive to the requirements of the law.”
Saturday, October 18, 2014
Stay-at-home (deadbeat) dad shoots three children, killing two; was mad because he wanted to move out of state with the kids after wife put him through school (Port Orange, Florida)
Well, it seems Daddy was an opportunistic deadbeat, happy to have Mom work and support the family while he played at being "stay-at-home" and going to school. Then as soon as he is done, he wants Mom out of the picture so he can move (with the kids) out of state. Naturally, Mom wasn't keen on this. Moms don't even get moveaway rights anymore, but of course, entitled men think they DESERVE everything they want NOW.
Notice that Daddy accuses Mom of domestic violence. This can happen, but I'm not seeing any evidence of that here. Meanwhile, Daddy displays CLASSIC abuser/controller behavior. Punish Mom for her actions by destroying her children.
He accuses her of slapping the kids when they mouthed off to her and disobeyed. I'm thinking that even if this is was true, he was manipulating the situation by encouraging the kids to act up for his own narcissistic satisfaction. I've seen this before--my daughter's father used to do this all the time. And no, I didn't hit her or take the bait. And if he's like my ex, he didn't do crap around the house either and messed around with his other responsibilities as well. (Notice that Daddy failed to pass his licensing exam so it doesn't look like worked too hard at that either.)
In addition, abusive men playing victim and claiming they are the ones needing the order of protection is straight out of the fathers rights handbook. These guys are coached to do that so they can muddy the waters.
And even if Mom had slapped the kids, HE GUNNED THEM DOWN AND KILLED THEM. There is NO EQUIVALENCY HERE despite what the neighbors think.
The killer dad is identified as DAVID MOHNEY.
http://www.myfoxtampabay.com/story/26815739/port-orange-father-shoots-his-three-children-then-himself
Port Orange father shoots his three children, then himself
Posted: Oct 17, 2014 3:16 PM EDT Updated: Oct 17, 2014 10:16 PM EDT
By: FOX 13 Tampa Bay Staff
PORT ORANGE, Fla. (AP) - A stay-at-home dad in nasty divorce with his wife shot their three children Friday, killing two of them before fatally shooting himself inside the family's Florida home, authorities said.
The Mohney family's troubles were apparently well-known in their middle-class neighborhood just south of Daytona Beach. In a 911 call, a neighbor told a dispatcher that neither parent should have had children because they were "a little bit selfish and self-centered" and said "you can't believe either one of them."
The slayings occurred as David and Cynthia Mohney were entrenched in a bitter divorce after nearly 25 years of marriage. Court filings showed David Mohney wanted to leave his wife and move with their children to South Dakota. He had recently finished chiropractic school while she supported the family working as a physician's assistant, making $220,000.
Nearly a month after he filed for divorce, the husband sought a protective injunction against his wife June 3. He said in court papers his wife had been drinking heavily and slapping him and their children on their chests, backs and arms. Florida's child welfare agency said Cynthia Mohney had recently been treated for substance abuse.
After the couple's fight Friday morning, Cynthia Mohney fled to a neighbor's house to get help. In the 911 call, she can be heard crying hysterically, saying "Oh my god!" repeatedly, as her unidentified neighbor talks to a police dispatcher. When the dispatcher asks if she thinks her husband will harm the children, she said, "Yes, he will."
The slain children were 11-year-old David Mohney and 14-year-old Savanna Mohney, Volusia County Sheriff Ben Johnson said. Nine-year-old Lauren Mohney was also was shot and in stable condition at a hospital. Cynthia Mohney wasn't injured.
"If he wants to commit suicide, let him commit suicide. To shoot the children, that's cowardly," Johnson said at a news conference outside the family's home.
Deputies received a call at 5:11 a.m. Friday. Arriving deputies found the two girls in an upstairs bedroom and the boy was in a bedroom on the first floor. Their father was in the kitchen with a handgun next to him.
In his divorce filing, David Mohney said his family moved to Florida in 2010 so he could study at Palmer College of Chiropractic's campus in Port Orange. He graduated in September 2013, but failed his first time taking the board exam and hoped to try again soon.
He said in the court papers that returning to Rapid City, South Dakota, had been his family's plan all along, but his wife had become opposed to it. He said his children also wanted to make the 1,900-mile move to get relief from their allergies and because they found the Midwest region better suited their "morals and values." David Mohney said he and his children also "prefer living in a climate with snow to celebrate Christmas and other holidays."
When he filed for divorce, David Mohney said little about problems with his wife. He made more specific accusations when he asked a Volusia County court for a protective injunction June 3.
In that filing, David Mohney cited four instances between April 4 and May 29 in which he said his wife had slapped one or more of their children. He said his wife would hit the children -- sometimes several times -- for arguing with each other, talking back to her, or for not picking up their toys and clothes when she told them to.
"The `hits' described in the examples are loud and hard, beyond corporal punishment," David Mohney wrote. "My children were crying, afraid and trying to duck or get away from Cynthia."
However, he dismissed the request for protection two weeks after filing it.
The state's child abuse hotline was notified in June that Cynthia Mohney had a substance abuse problem after an incident at a restaurant. Cynthia Mohney followed through on treatment, according to the Department of Children and Families.
The shooting deaths are the latest in a list of killings in Florida where several members of a family were targeted and killed by one of their own:
Notice that Daddy accuses Mom of domestic violence. This can happen, but I'm not seeing any evidence of that here. Meanwhile, Daddy displays CLASSIC abuser/controller behavior. Punish Mom for her actions by destroying her children.
He accuses her of slapping the kids when they mouthed off to her and disobeyed. I'm thinking that even if this is was true, he was manipulating the situation by encouraging the kids to act up for his own narcissistic satisfaction. I've seen this before--my daughter's father used to do this all the time. And no, I didn't hit her or take the bait. And if he's like my ex, he didn't do crap around the house either and messed around with his other responsibilities as well. (Notice that Daddy failed to pass his licensing exam so it doesn't look like worked too hard at that either.)
In addition, abusive men playing victim and claiming they are the ones needing the order of protection is straight out of the fathers rights handbook. These guys are coached to do that so they can muddy the waters.
And even if Mom had slapped the kids, HE GUNNED THEM DOWN AND KILLED THEM. There is NO EQUIVALENCY HERE despite what the neighbors think.
The killer dad is identified as DAVID MOHNEY.
http://www.myfoxtampabay.com/story/26815739/port-orange-father-shoots-his-three-children-then-himself
Port Orange father shoots his three children, then himself
Posted: Oct 17, 2014 3:16 PM EDT Updated: Oct 17, 2014 10:16 PM EDT
By: FOX 13 Tampa Bay Staff
PORT ORANGE, Fla. (AP) - A stay-at-home dad in nasty divorce with his wife shot their three children Friday, killing two of them before fatally shooting himself inside the family's Florida home, authorities said.
The Mohney family's troubles were apparently well-known in their middle-class neighborhood just south of Daytona Beach. In a 911 call, a neighbor told a dispatcher that neither parent should have had children because they were "a little bit selfish and self-centered" and said "you can't believe either one of them."
The slayings occurred as David and Cynthia Mohney were entrenched in a bitter divorce after nearly 25 years of marriage. Court filings showed David Mohney wanted to leave his wife and move with their children to South Dakota. He had recently finished chiropractic school while she supported the family working as a physician's assistant, making $220,000.
Nearly a month after he filed for divorce, the husband sought a protective injunction against his wife June 3. He said in court papers his wife had been drinking heavily and slapping him and their children on their chests, backs and arms. Florida's child welfare agency said Cynthia Mohney had recently been treated for substance abuse.
After the couple's fight Friday morning, Cynthia Mohney fled to a neighbor's house to get help. In the 911 call, she can be heard crying hysterically, saying "Oh my god!" repeatedly, as her unidentified neighbor talks to a police dispatcher. When the dispatcher asks if she thinks her husband will harm the children, she said, "Yes, he will."
The slain children were 11-year-old David Mohney and 14-year-old Savanna Mohney, Volusia County Sheriff Ben Johnson said. Nine-year-old Lauren Mohney was also was shot and in stable condition at a hospital. Cynthia Mohney wasn't injured.
"If he wants to commit suicide, let him commit suicide. To shoot the children, that's cowardly," Johnson said at a news conference outside the family's home.
Deputies received a call at 5:11 a.m. Friday. Arriving deputies found the two girls in an upstairs bedroom and the boy was in a bedroom on the first floor. Their father was in the kitchen with a handgun next to him.
In his divorce filing, David Mohney said his family moved to Florida in 2010 so he could study at Palmer College of Chiropractic's campus in Port Orange. He graduated in September 2013, but failed his first time taking the board exam and hoped to try again soon.
He said in the court papers that returning to Rapid City, South Dakota, had been his family's plan all along, but his wife had become opposed to it. He said his children also wanted to make the 1,900-mile move to get relief from their allergies and because they found the Midwest region better suited their "morals and values." David Mohney said he and his children also "prefer living in a climate with snow to celebrate Christmas and other holidays."
When he filed for divorce, David Mohney said little about problems with his wife. He made more specific accusations when he asked a Volusia County court for a protective injunction June 3.
In that filing, David Mohney cited four instances between April 4 and May 29 in which he said his wife had slapped one or more of their children. He said his wife would hit the children -- sometimes several times -- for arguing with each other, talking back to her, or for not picking up their toys and clothes when she told them to.
"The `hits' described in the examples are loud and hard, beyond corporal punishment," David Mohney wrote. "My children were crying, afraid and trying to duck or get away from Cynthia."
However, he dismissed the request for protection two weeks after filing it.
The state's child abuse hotline was notified in June that Cynthia Mohney had a substance abuse problem after an incident at a restaurant. Cynthia Mohney followed through on treatment, according to the Department of Children and Families.
The shooting deaths are the latest in a list of killings in Florida where several members of a family were targeted and killed by one of their own:
Monday, May 26, 2014
Dad assaults 12-year-old son for not wanting to check out boat (Siouz Falls, South Dakota)
Dad is identified as EDGARDO ERASMO PICCHIETTI.
http://www.argusleader.com/story/news/crime/2014/05/20/father-brother-arrested-beating-year-old/9326501/
Father, brother arrested for beating of 12-year-old
John Hult, 11:25 a.m. CDT May 20, 2014
A father and son were charged with child abuse and assault on Monday after reportedly beating and choking a 12-year-old boy.
Police spokesman Sam Clemens said the victim called police from his home on the 3000 block of E. Hayes Place at 10: 30 a.m. to report that he was being beaten by his father, 66-year-old Edgardo Erasmo Picchietti.
Pichietti told police he had wanted the boy to come along to the lake to check out his boat, Clemens said, but that the boy didn’t want to go and he had punished him by hitting him on the legs with a ruler.
The boy’s 18-year-old brother, Austin Lee Shepard, also became upset with the younger boy for not listening to the father and choked him, Clemens said.
Shepard was arrested on one count of aggravated assault. Picchietti was charged with abuse or cruelty to a minor.
http://www.argusleader.com/story/news/crime/2014/05/20/father-brother-arrested-beating-year-old/9326501/
Father, brother arrested for beating of 12-year-old
John Hult, 11:25 a.m. CDT May 20, 2014
A father and son were charged with child abuse and assault on Monday after reportedly beating and choking a 12-year-old boy.
Police spokesman Sam Clemens said the victim called police from his home on the 3000 block of E. Hayes Place at 10: 30 a.m. to report that he was being beaten by his father, 66-year-old Edgardo Erasmo Picchietti.
Pichietti told police he had wanted the boy to come along to the lake to check out his boat, Clemens said, but that the boy didn’t want to go and he had punished him by hitting him on the legs with a ruler.
The boy’s 18-year-old brother, Austin Lee Shepard, also became upset with the younger boy for not listening to the father and choked him, Clemens said.
Shepard was arrested on one count of aggravated assault. Picchietti was charged with abuse or cruelty to a minor.
Tuesday, March 11, 2014
Judge: Non-custodial mom can't have custody of son, even though custodial dad, girlfriend in prison for abusing boy (Douglas County, Nebraska)
CHAD CYMABALISTA was a custodial father, though that is not made real clear here. Notice that the Judge's reasons for not returning custody to the mother are not specified. Why?
According to our earlier post on this case, Dad and his gal pal had had custody of this poor little boy for only six freaking weeks before they put him into the hospital. No indication as to who gave this sicko dad custody or why. Typical of the media vagueness with which these things are reported.
http://www.wowt.com/home/headlines/Judge-Denies-Request-for-Return-of-Child-249639651.html?ref=651
Judge Denies Request for Return of Child
Posted: Tue 5:45 PM, Mar 11, 2014
Tara Olson failed in a bid to regain custody of her son Aiden on Tuesday.
Tara was in South Dakota when her baby’s father, Chad Cymbalista, and Cymbalista’s live-in girlfriend, committed acts that sent them to prison for attempted child abuse.
Aiden was put into foster care.
During a hearing on Tuesday, a judge told Tara that she was not meeting the requirements needed to get her son back.
Aiden remains in foster care.
According to our earlier post on this case, Dad and his gal pal had had custody of this poor little boy for only six freaking weeks before they put him into the hospital. No indication as to who gave this sicko dad custody or why. Typical of the media vagueness with which these things are reported.
http://www.wowt.com/home/headlines/Judge-Denies-Request-for-Return-of-Child-249639651.html?ref=651
Judge Denies Request for Return of Child
Posted: Tue 5:45 PM, Mar 11, 2014
Tara Olson failed in a bid to regain custody of her son Aiden on Tuesday.
Tara was in South Dakota when her baby’s father, Chad Cymbalista, and Cymbalista’s live-in girlfriend, committed acts that sent them to prison for attempted child abuse.
Aiden was put into foster care.
During a hearing on Tuesday, a judge told Tara that she was not meeting the requirements needed to get her son back.
Aiden remains in foster care.
Wednesday, May 29, 2013
Dad gets 5 years for assaulting 3-month-old daughter (Sioux Falls, South Dakota)
This is not the first time dad JOHN JAY HILT has assaulted an infant or child either.
http://www.argusleader.com/article/20130524/NEWS/305240038/Sioux-Falls-father-gets-5-years-in-prison-for-child-abuse
Sioux Falls father gets 5 years in prison for child abuse
He will be eligible for parole in two years
May 24, 2013
Written by John Hult
A Sioux Falls man who lost his wife, children, job and home since being charged with child abuse against his infant daughter was sentenced to five years in prison Thursday.
John Jay Hilt, 34, said those losses and the 437 days he’s had to think about them at the Minnehaha County Jail have changed his understanding of his crime and himself.
“I’m embarrassed, I’m sorry, I’m ashamed of what I’ve done,” Hilt said.
Hilt submitted a lengthy letter to Judge Brad Zell before Thursday’s hearing, which helped convince Zell he had “genuine remorse” for his behavior.
“It’s too bad you weren’t so concerned a year or two ago,” Zell said.
The judge said Hilt’s daughter was lucky because she was expected to make a full recovery.
Hilt was charged with child abuse in 2006 for an assault on his eldest child, but apparently improved for a time before the most recent incident.
“I’m not saying that 24/7, 365 days a year, you were abusive,” Zell said. “I don’t think the evidence shows that. But there were times when you were, and in those moments with your children, you were very dangerous.”
Hilt had been using synthetic marijuana in the hours leading up to his 3-month-old daughter’s collapse on March 2, 2012. He called 911 and was guided through the process of resuscitating the infant before she was admitted to Sanford Hospital for bleeding on the brain.
The child fell from a changing table a few days before the call. Hilt admitted, however, that he had been rough with the child, saying he’d been stressed out and frustrated.
He initially was charged with aggravated assault and felony child abuse. He almost took the case to trial, disputing the extent of the injuries his actions had caused. Hilt pleaded guilty to the reduced charge of child abuse April 2.
His lawyer, Mike Miller of the Minnehaha County Public Defender’s Office, told Judge Zell that his client’s perspective had changed markedly since he first arrived in jail. The loss of his wife of 10 years, the reality that the state is seeking to permanently terminate his parental rights and the loss of his job and home were all factors in that, Miller said.
“This has been a rock bottom point for him,” Miller said. “He’s lost literally everything that he had.”
Zell gave Hilt a 10-year sentence with five suspended and credit for time served. Hilt would be eligible for parole in just under two years.
http://www.argusleader.com/article/20130524/NEWS/305240038/Sioux-Falls-father-gets-5-years-in-prison-for-child-abuse
Sioux Falls father gets 5 years in prison for child abuse
He will be eligible for parole in two years
May 24, 2013
Written by John Hult
A Sioux Falls man who lost his wife, children, job and home since being charged with child abuse against his infant daughter was sentenced to five years in prison Thursday.
John Jay Hilt, 34, said those losses and the 437 days he’s had to think about them at the Minnehaha County Jail have changed his understanding of his crime and himself.
“I’m embarrassed, I’m sorry, I’m ashamed of what I’ve done,” Hilt said.
Hilt submitted a lengthy letter to Judge Brad Zell before Thursday’s hearing, which helped convince Zell he had “genuine remorse” for his behavior.
“It’s too bad you weren’t so concerned a year or two ago,” Zell said.
The judge said Hilt’s daughter was lucky because she was expected to make a full recovery.
Hilt was charged with child abuse in 2006 for an assault on his eldest child, but apparently improved for a time before the most recent incident.
“I’m not saying that 24/7, 365 days a year, you were abusive,” Zell said. “I don’t think the evidence shows that. But there were times when you were, and in those moments with your children, you were very dangerous.”
Hilt had been using synthetic marijuana in the hours leading up to his 3-month-old daughter’s collapse on March 2, 2012. He called 911 and was guided through the process of resuscitating the infant before she was admitted to Sanford Hospital for bleeding on the brain.
The child fell from a changing table a few days before the call. Hilt admitted, however, that he had been rough with the child, saying he’d been stressed out and frustrated.
He initially was charged with aggravated assault and felony child abuse. He almost took the case to trial, disputing the extent of the injuries his actions had caused. Hilt pleaded guilty to the reduced charge of child abuse April 2.
His lawyer, Mike Miller of the Minnehaha County Public Defender’s Office, told Judge Zell that his client’s perspective had changed markedly since he first arrived in jail. The loss of his wife of 10 years, the reality that the state is seeking to permanently terminate his parental rights and the loss of his job and home were all factors in that, Miller said.
“This has been a rock bottom point for him,” Miller said. “He’s lost literally everything that he had.”
Zell gave Hilt a 10-year sentence with five suspended and credit for time served. Hilt would be eligible for parole in just under two years.
Monday, May 13, 2013
Dad charged with manslaughter in death of 2-month-old son (Pierre, South Dakota)
Dad is identified as GARFIELD GOOD FACE.
http://www.argusleader.com/viewart/20130513/UPDATES/305130024/Fund-set-up-Pierre-baby-allegedly-killed-by-father
Fund set up for Pierre baby allegedly killed by father
May 13, 2013 6:22 AM
Written by Associated Press
PIERRE — A memorial fund has been set up for a 2-month-old boy whose father is charged in his death.
Twenty-nine-year-old Garfield Good Face, of Pierre, faces a second-degree manslaughter charge in the Thursday death of his son, Teirnyn.
KCCR radio reports that a cause of death has not yet been determined. Hughes County State’s Attorney Wendy Kloeppner says an autopsy is planned. The Probable Cause Affidavit, which states the reason for a suspect’s arrest, has been sealed at the attorney’s request.
Pierre police received a called of an unresponsive infant about 9:30 a.m. Thursday. When officers arrived to Good Face’s home, they began CPR on the child. Teirnyn was pronounced dead after being transported to a hospital.
The Teirnyn Good Face Memorial Fund is set up at Wells Fargo.
http://www.argusleader.com/viewart/20130513/UPDATES/305130024/Fund-set-up-Pierre-baby-allegedly-killed-by-father
Fund set up for Pierre baby allegedly killed by father
May 13, 2013 6:22 AM
Written by Associated Press
PIERRE — A memorial fund has been set up for a 2-month-old boy whose father is charged in his death.
Twenty-nine-year-old Garfield Good Face, of Pierre, faces a second-degree manslaughter charge in the Thursday death of his son, Teirnyn.
KCCR radio reports that a cause of death has not yet been determined. Hughes County State’s Attorney Wendy Kloeppner says an autopsy is planned. The Probable Cause Affidavit, which states the reason for a suspect’s arrest, has been sealed at the attorney’s request.
Pierre police received a called of an unresponsive infant about 9:30 a.m. Thursday. When officers arrived to Good Face’s home, they began CPR on the child. Teirnyn was pronounced dead after being transported to a hospital.
The Teirnyn Good Face Memorial Fund is set up at Wells Fargo.
Thursday, January 24, 2013
Dad accused of raping 6-year-old daughter (Sioux Falls, South Dakota)
Dad is identified as CHRISTOPHER GEORGE HARTFORD.
http://www.kdlt.com/index.php?option=com_content&task=view&id=23658&Itemid=57
Father Accused of Raping Child
by KDLT News
January 24, 2013 2:39 PM
A man was arrested Wednesday afternoon for raping his 6 year old daughter. The Department of Social Services notified the Sioux Falls police department on Tuesday that there may have been some sexual contact between a 6 year old girl and her 30 year old father.
Through the investigation, it was discovered the sexual contact happened on multiple occasions. An arrest warrant was issued and the suspect was arrested on Wednesday afternoon.
Christopher George Hartford, 30, Sioux Falls resident, was charged with Rape 1st Degree, Sexual Contact with a Child Under 16, and two counts of Sexual Exploitation.
http://www.kdlt.com/index.php?option=com_content&task=view&id=23658&Itemid=57
Father Accused of Raping Child
by KDLT News
January 24, 2013 2:39 PM
A man was arrested Wednesday afternoon for raping his 6 year old daughter. The Department of Social Services notified the Sioux Falls police department on Tuesday that there may have been some sexual contact between a 6 year old girl and her 30 year old father.
Through the investigation, it was discovered the sexual contact happened on multiple occasions. An arrest warrant was issued and the suspect was arrested on Wednesday afternoon.
Christopher George Hartford, 30, Sioux Falls resident, was charged with Rape 1st Degree, Sexual Contact with a Child Under 16, and two counts of Sexual Exploitation.
Wednesday, January 23, 2013
Dad on trial for killing 4-month-old son; blames mom (Parker, South Dakota)
Sounds like the usual defense tactics. Blame Mom! Even though I presume that the baby's death was investigated and suffocation was ruled out as a cause of death. Nope, appears to be the usual case where a "frustrated" father beat up and shook the baby to death. And is now trying to duck responsibility.
Dad is identified as CHRIS MILLER.
http://www.argusleader.com/viewart/20130123/UPDATES/301230054/Father-accused-killing-son-accuses-baby-s-mother-trial
Father accused of killing son accuses baby's mother in trial
Jan. 23, 2013 7:28 AM
Written by Associated Press
PARKER — Prosecutors say a South Dakota man on trial in the death of his infant son beat and shook the child, leading to his death. Defense attorneys say the boy was inadvertently suffocated by his mother.
Thirty-nine-year-old Chris Miller, of Scotland, is on trial in Parker on several charges including second-degree murder in the March 2011 death of 4-month-old Jacob Miller. Attorneys on both sides gave their opening statements to the jury Tuesday.
Prosecutor Lisa Rothschadl told jurors that Miller abused his son and that the boy died of injuries that “were not accidental.”
Defense attorney Tim Whalen told the jury that Miller’s wife, Stacy, rolled over on Jacob while drunk.
Judge Glen Eng has blocked off 10 days for the trial. Miller faces life in prison if convicted of murder.
Dad is identified as CHRIS MILLER.
http://www.argusleader.com/viewart/20130123/UPDATES/301230054/Father-accused-killing-son-accuses-baby-s-mother-trial
Father accused of killing son accuses baby's mother in trial
Jan. 23, 2013 7:28 AM
Written by Associated Press
PARKER — Prosecutors say a South Dakota man on trial in the death of his infant son beat and shook the child, leading to his death. Defense attorneys say the boy was inadvertently suffocated by his mother.
Thirty-nine-year-old Chris Miller, of Scotland, is on trial in Parker on several charges including second-degree murder in the March 2011 death of 4-month-old Jacob Miller. Attorneys on both sides gave their opening statements to the jury Tuesday.
Prosecutor Lisa Rothschadl told jurors that Miller abused his son and that the boy died of injuries that “were not accidental.”
Defense attorney Tim Whalen told the jury that Miller’s wife, Stacy, rolled over on Jacob while drunk.
Judge Glen Eng has blocked off 10 days for the trial. Miller faces life in prison if convicted of murder.
Friday, March 9, 2012
Dad arrested for assaulting 2-month-old daughter (Sioux Falls, South Dakota)
Dad is identified as JOHN HILT. Notice mention of "Hilt's home," with no mention of a mother. Did this case involve a parental separation or child custody issue? Apparently this was not the first time that Daddy had abused the baby either....
INVISIBLE MOTHER ALERT
http://www.ksfy.com/story/17121842/father-arrested-for-abusing-2-month-old
Father arrested for abusing 2-month-old
Posted: Mar 09, 2012 12:06 PM CST
Updated: Mar 09, 2012 1:13 PM CST
A father was arrested for assaulting his two-month-old girl.
Police arrested John Hilt, 33, of Sioux Falls on Thursday. Hilt faces three counts of felony child abuse and one count of aggravated assault.
On March 2, police officers were called to Hilt's home. The baby was not breathing and CPR instructions were given over the phone. The child became responsive and was taken to the hospital where other injuries were discovered. It was concluded that she had suffered recent and previous injuries to her brain
The girl was still in the hospital Friday. Her condition has been improving.
INVISIBLE MOTHER ALERT
http://www.ksfy.com/story/17121842/father-arrested-for-abusing-2-month-old
Father arrested for abusing 2-month-old
Posted: Mar 09, 2012 12:06 PM CST
Updated: Mar 09, 2012 1:13 PM CST
A father was arrested for assaulting his two-month-old girl.
Police arrested John Hilt, 33, of Sioux Falls on Thursday. Hilt faces three counts of felony child abuse and one count of aggravated assault.
On March 2, police officers were called to Hilt's home. The baby was not breathing and CPR instructions were given over the phone. The child became responsive and was taken to the hospital where other injuries were discovered. It was concluded that she had suffered recent and previous injuries to her brain
The girl was still in the hospital Friday. Her condition has been improving.
Friday, March 11, 2011
Dad to enter plea in death of 4-month-old son (Scotland, South Dakota)
Dad CHRIS MILLER is charged with 1st-degree murder, 2nd-degree murder, and 1st-degree manslaughter in the death of his 4-month-old son. Daddy is the lone suspect, and has a history of (unspecified) criminal activity (at least he was on probation at the time of the baby's death). And notice that this POS had apparently been abusing the baby even before the final assault (evidence of healing broken ribs). The baby died as a result of the severe skull fracture and other injuries that were similar to those usually seen in an high-impact car accident. So there was a lot of violence and aggression in this poor baby's very short life.
Also notice that there is NO MENTION of a mother, though there must have been one four months before this baby's murder. (Yes, mothers are still necessary to give birth. Funny that. Though our society is increasingly treating moms as expendable after labor is completed.) Was Mom working while this probably unemployable violent criminal was "caretaking" and generally mooching off her good graces? Was this a custody/visitation issue? A single father? The questions are getting repetitive, but as long as the media refuses to answer them, I will continue to raise them.
Statistically, babies are safest with their mothers--though we all know of exceptions. They are statistically at HIGHEST RISK with fathers and other male caretakers, especially young fathers and male caretakers with a history of substance abuse, domestic violence, or generally criminal backgrounds. Unfortunately, way too many babies are being left with male caretakers these days. With welfare "reform," mothers must work. Not only that, American moms have no legal right to paid maternity leave--unlike every other developed country on the planet. And moms must have child care if they must work--and it's hard to find quality care that's affordable, especially for infants. Plus, we have an ever-growing cadre of unemployed/unemployable men, often with histories of violence. Our social solution has been to draft these men into infant "caretaking"--a job that they are absolutely unsuited to. And we are increasingly seeing the carnage that has resulted from this.
INVISIBLE MOTHER ALERT.
http://www.yankton.net/articles/2011/03/11/community/doc4d79a4714428b400497584.txt
Scotland Man To Enter Plea Later In Child Death
BY RANDY DOCKENDORF
randy.dockendorf@yankton.net
Published: Friday, March 11, 2011 12:53 AM CST
TYNDALL — A Scotland man will enter his pleas later this month on charges related to his infant son’s death, including a first-degree murder charge that could carry the death penalty.
Chris Miller made his initial appearance Thursday in First Circuit Court at the Bon Homme County courthouse in Tyndall. Magistrate Judge Tami Bern advised Miller of his rights and also scheduled a March 23 arraignment in Tyndall.
Miller faces charges of first-degree murder, second-degree murder and first-degree manslaughter in the death of four-month-old Jacob Miller. The father still faces the initial charges of felony child abuse and aggravated assault of a child under 3 years of age.
State law allows the death penalty for first-degree murder. However, the state is nowhere near making that decision, said Sara Rabern, spokeswoman for the attorney general’s office.
“It would be very premature to have that discussion at this point,” she said.
First-degree murder is a Class A felony with a mandatory sentence of death or life imprisonment in the state penitentiary and a possible $50,000 fine.
Second-degree murder is a Class B felony and manslaughter is a Class C felony, each with a mandatory sentence of life imprisonment in the state penitentiary and a possible $50,000 fine.
The investigation into the case continues under the direction of the Division of Criminal Investigation (DCI) and the Bon Homme County sheriff’s office, Rabern said. Chris Miller is the lone suspect, she said, adding that she had no further information on the case at this time.
Circuit Judge Glen Eng will preside over Miller’s arraignment. At that time, Miller will enter his pleas on all charges. The judge could also hear motions from both sides, including a defense motion for bond reduction.
Miller remains in the Bon Homme County jail on $700,000 cash bond.
At his March 23 court appearance, Miller will also face a hearing for revoking his probation. The petition, signed by Bon Homme County State’s Attorney Lisa Rothschadl, alleges that Miller has twice violated his August 2009 probation.
The first alleged violation is his March 4, 2011, arrest on charges of felony child abuse and aggravated assault of a child under 3 years of age.
The second alleged violation is his refusal to submit to a blood test as requested by a DCI agent during the course of the investigation into Jacob Miller’s death. The agent had a reasonable suspicion that the defendant had been drinking.
At Thursday’s hearing, Chris Miller was the lone participant in the courtroom. Bern appeared by videoconference during a recess in her court hearings in Elk Point. The two attorneys — Rothschadl and court-appointed defense attorney Scott Podhradsky of Wagner — participated by telephone because of scheduling conflicts.
The television screen was set up and monitored by Bon Homme County Clerk of Courts Roger Hisek and Deputy Clerk Joanne Balvin.
The audience during Thursday’s proceedings included Bon Homme County Sheriff Jason Bechtold, who escorted Miller to the courtroom, and reporters from the Press & Dakotan and a Sioux Falls television station.
Before the start of the proceedings, Miller said he wasn’t expecting a hearing that morning. Podhradsky informed his client that the hearing was an initial appearance and explained it was “kind of a formality.”
During Thursday’s proceedings, Bern informed Miller that a criminal complaint had been filed against him. The judge advised Miller of his right to a grand jury, a speedy trial, and calling and cross-examining witnesses and as well as his right against self-incrimination.
Bern also advised the defendant of the presumption of innocence until proven guilty. She outlined each charge and the penalty associated with each. She also explained the process should he plead guilty.
Rothschadl indicated that she would call a grand jury, while Podhradsky requested a preliminary hearing.
The charges against Miller have arisen from a March 3 incident. Authorities responded to a call received by the Bon Homme County dispatch that a four-month-old child was not breathing at a Scotland residence.
The infant was taken to Landmann-Jungman Memorial Hospital in Scotland. The hospital staff informed authorities that the infant had a pulse and had been breathing on his own for a few minutes but had been placed on a ventilator.
The infant, Jacob Miller, was later flown to Avera McKennan Hospital in Sioux Falls for specialized treatment.
The Sioux Falls hospital notified authorities that Jacob Miller was diagnosed with a severe skull fracture and bleeding on the brain. The attending physician further advised authorities that Jacob Miller also suffered broken ribs that appeared to involve both old and new injuries.
The attending physician described the skull fracture and broken ribs as the type of injuries that could occur from being in a high-speed car accident, according to court documents.
Authorities obtained a search warrant for the Miller home and advised Chris Miller that Jacob’s injuries were not consistent with the father’s story. Chris Miller was arrested on the initial charges.
Jacob Miller died Tuesday afternoon after his breathing tube was removed, and the South Dakota Attorney General’s office announced Wednesday that the murder and manslaughter charges had been added.
Even if an indictment is not obtained on the charges related to Jacob Miller’s death, Chris Miller will return to court March 23 for the hearing on his alleged probation violation, according to the clerk of courts office.
Also notice that there is NO MENTION of a mother, though there must have been one four months before this baby's murder. (Yes, mothers are still necessary to give birth. Funny that. Though our society is increasingly treating moms as expendable after labor is completed.) Was Mom working while this probably unemployable violent criminal was "caretaking" and generally mooching off her good graces? Was this a custody/visitation issue? A single father? The questions are getting repetitive, but as long as the media refuses to answer them, I will continue to raise them.
Statistically, babies are safest with their mothers--though we all know of exceptions. They are statistically at HIGHEST RISK with fathers and other male caretakers, especially young fathers and male caretakers with a history of substance abuse, domestic violence, or generally criminal backgrounds. Unfortunately, way too many babies are being left with male caretakers these days. With welfare "reform," mothers must work. Not only that, American moms have no legal right to paid maternity leave--unlike every other developed country on the planet. And moms must have child care if they must work--and it's hard to find quality care that's affordable, especially for infants. Plus, we have an ever-growing cadre of unemployed/unemployable men, often with histories of violence. Our social solution has been to draft these men into infant "caretaking"--a job that they are absolutely unsuited to. And we are increasingly seeing the carnage that has resulted from this.
INVISIBLE MOTHER ALERT.
http://www.yankton.net/articles/2011/03/11/community/doc4d79a4714428b400497584.txt
Scotland Man To Enter Plea Later In Child Death
BY RANDY DOCKENDORF
randy.dockendorf@yankton.net
Published: Friday, March 11, 2011 12:53 AM CST
TYNDALL — A Scotland man will enter his pleas later this month on charges related to his infant son’s death, including a first-degree murder charge that could carry the death penalty.
Chris Miller made his initial appearance Thursday in First Circuit Court at the Bon Homme County courthouse in Tyndall. Magistrate Judge Tami Bern advised Miller of his rights and also scheduled a March 23 arraignment in Tyndall.
Miller faces charges of first-degree murder, second-degree murder and first-degree manslaughter in the death of four-month-old Jacob Miller. The father still faces the initial charges of felony child abuse and aggravated assault of a child under 3 years of age.
State law allows the death penalty for first-degree murder. However, the state is nowhere near making that decision, said Sara Rabern, spokeswoman for the attorney general’s office.
“It would be very premature to have that discussion at this point,” she said.
First-degree murder is a Class A felony with a mandatory sentence of death or life imprisonment in the state penitentiary and a possible $50,000 fine.
Second-degree murder is a Class B felony and manslaughter is a Class C felony, each with a mandatory sentence of life imprisonment in the state penitentiary and a possible $50,000 fine.
The investigation into the case continues under the direction of the Division of Criminal Investigation (DCI) and the Bon Homme County sheriff’s office, Rabern said. Chris Miller is the lone suspect, she said, adding that she had no further information on the case at this time.
Circuit Judge Glen Eng will preside over Miller’s arraignment. At that time, Miller will enter his pleas on all charges. The judge could also hear motions from both sides, including a defense motion for bond reduction.
Miller remains in the Bon Homme County jail on $700,000 cash bond.
At his March 23 court appearance, Miller will also face a hearing for revoking his probation. The petition, signed by Bon Homme County State’s Attorney Lisa Rothschadl, alleges that Miller has twice violated his August 2009 probation.
The first alleged violation is his March 4, 2011, arrest on charges of felony child abuse and aggravated assault of a child under 3 years of age.
The second alleged violation is his refusal to submit to a blood test as requested by a DCI agent during the course of the investigation into Jacob Miller’s death. The agent had a reasonable suspicion that the defendant had been drinking.
At Thursday’s hearing, Chris Miller was the lone participant in the courtroom. Bern appeared by videoconference during a recess in her court hearings in Elk Point. The two attorneys — Rothschadl and court-appointed defense attorney Scott Podhradsky of Wagner — participated by telephone because of scheduling conflicts.
The television screen was set up and monitored by Bon Homme County Clerk of Courts Roger Hisek and Deputy Clerk Joanne Balvin.
The audience during Thursday’s proceedings included Bon Homme County Sheriff Jason Bechtold, who escorted Miller to the courtroom, and reporters from the Press & Dakotan and a Sioux Falls television station.
Before the start of the proceedings, Miller said he wasn’t expecting a hearing that morning. Podhradsky informed his client that the hearing was an initial appearance and explained it was “kind of a formality.”
During Thursday’s proceedings, Bern informed Miller that a criminal complaint had been filed against him. The judge advised Miller of his right to a grand jury, a speedy trial, and calling and cross-examining witnesses and as well as his right against self-incrimination.
Bern also advised the defendant of the presumption of innocence until proven guilty. She outlined each charge and the penalty associated with each. She also explained the process should he plead guilty.
Rothschadl indicated that she would call a grand jury, while Podhradsky requested a preliminary hearing.
The charges against Miller have arisen from a March 3 incident. Authorities responded to a call received by the Bon Homme County dispatch that a four-month-old child was not breathing at a Scotland residence.
The infant was taken to Landmann-Jungman Memorial Hospital in Scotland. The hospital staff informed authorities that the infant had a pulse and had been breathing on his own for a few minutes but had been placed on a ventilator.
The infant, Jacob Miller, was later flown to Avera McKennan Hospital in Sioux Falls for specialized treatment.
The Sioux Falls hospital notified authorities that Jacob Miller was diagnosed with a severe skull fracture and bleeding on the brain. The attending physician further advised authorities that Jacob Miller also suffered broken ribs that appeared to involve both old and new injuries.
The attending physician described the skull fracture and broken ribs as the type of injuries that could occur from being in a high-speed car accident, according to court documents.
Authorities obtained a search warrant for the Miller home and advised Chris Miller that Jacob’s injuries were not consistent with the father’s story. Chris Miller was arrested on the initial charges.
Jacob Miller died Tuesday afternoon after his breathing tube was removed, and the South Dakota Attorney General’s office announced Wednesday that the murder and manslaughter charges had been added.
Even if an indictment is not obtained on the charges related to Jacob Miller’s death, Chris Miller will return to court March 23 for the hearing on his alleged probation violation, according to the clerk of courts office.
Monday, November 8, 2010
Dad accused of slamming daughter into car hood (Sioux Falls, South Dakota)
Witnesses say dad JOSHUA FOLK slamed his daughter into the hood of a car. No mention of the mother.
INVISIBLE MOTHER ALERT.
http://www.ksfy.com/Global/story.asp?S=13453052
Father accused of hurting child
Posted: Nov 05, 2010 1:10 PM CDT
Updated: Nov 05, 2010 1:10 PM CDT
A Sioux Falls father is in jail, accused of intentionally hurting his child.
Police say just before 6:00 Thursday night, they received a call from a witness, who said they saw Joshua Folk slam his daughter into the hood of a car.
The child was crying when police arrived.
"I think it says a lot about a community that people are willing to call in and report what these types of crimes," said Lt. Steven Haney.
Folk is charged with abuse of a minor under the age of 7.
The little girl is expected to be okay.
INVISIBLE MOTHER ALERT.
http://www.ksfy.com/Global/story.asp?S=13453052
Father accused of hurting child
Posted: Nov 05, 2010 1:10 PM CDT
Updated: Nov 05, 2010 1:10 PM CDT
A Sioux Falls father is in jail, accused of intentionally hurting his child.
Police say just before 6:00 Thursday night, they received a call from a witness, who said they saw Joshua Folk slam his daughter into the hood of a car.
The child was crying when police arrived.
"I think it says a lot about a community that people are willing to call in and report what these types of crimes," said Lt. Steven Haney.
Folk is charged with abuse of a minor under the age of 7.
The little girl is expected to be okay.
Thursday, October 28, 2010
DASTARDLY DADS FROM THE ARCHIVES (New York, New York - 1909)
Getting a divorce in New York State was extraordinarily difficult around the turn of the century. The fact that this woman, after just seven years of marriage, went all the way to South Dakota to get one suggests that she was particularly desperate. This was in 1896. However, it was ruled that the divorce was not valid in New York. So the woman was apparently forced to return to New York and her husband.
HENRY RUSSELL DROWNE, who was a well-to-do merchant, then decided to bring an action for divorce in 1908, after 19 years of marriage. (We know that Drowne was rich, because his 1934 obituary mentions that he was "widely known as a collector of coins, paintings, antiques, and Americana.") Their son, who must have been conceived after the South Dakota "divorce," was then about 10 years of age.
Daddy got custody--and then promptly shipped the child off to boarding school in Newton, Massachusetts. The timing certainly suggests that getting rid of the boy and keeping him from his mother was the main motivation here. Certainly sounds like a cruel and controlling move to me. No wonder the mother had been so desperate all those years before. At this point, the father doesn't even have the final decree of divorce.
Anyway, after "chafing under the restrictions there" (translation: after chafing under the abusive conditions in a turn-of-the century New England boarding school while simultaneously grieving for the loss of his mother), the boy runs away. The boy manages to make telephone contact with his mother, who makes an all-night trip to come get him. The mother, who is obviously trying to follow the oppressive rules of the court, then contacts the father to meet them at Grand Central Station in New York. Daddy shows up alright--with his attorney. When the boy realized that he was going to be forcefully separated from his mother once more, he fought back. He even managed to land a few punches squarely on the attorney's face. This level of resistance certainly suggests that the boy's aversion was very high--most likely because of abuse in the father's home.
However, the Times tells us that "peace was restored" and that "the quartet drove away."
I sincerely doubt that peace was restored at any rate. Daddy's final divorce decree affirmed his custody of the boy. This is one of those stories where you wonder what eventually happened to this boy and his mother.
Have things really changed that much in 100 years? You tell me.
From the New York Times, May 16, 1909.
http://query.nytimes.com/mem/archive-free/pdf?res=9C06EEDA1539E733A25755C1A9639C946897D6CF
DIVORCE FOR DROWNE AND CUSTODY OF CHILD
Dakota Decree Obtained by Wife of Woolen Merchant Declared Invalid.
BOY A SCHOOL RUNAWAY
Mother Brought Him to This City and Boy Made a Scene When Surrendered to His Father.
Supreme Court Justice Gerard signed the final decree of divorce yesterday in favor of Henry Russell Drowne of the firm of Mann & Drowne, woolen merchants at 61 Leonard Street, who lives at 147 West Thirty-Sixth Street, in his action against Louisa Forsythe Drowne. The father gets the custody of htier son, 11 years old.
The Drownes were married on July 3, 1889, and in 1896 Mrs. Drowne left her husband and went to South Dakota, where she got a divorce, which was held invalid in this State. About May last year Mr. Drowne brought an action for divorce and got an interlocutory decree. He obtained custody of the boy, and subsequently placed him in a school at Newton, Mass. Chafing under the restrictions there, the boy, with a companion, ran away, having decided to get back to New York. The youngsters' trip ended at a farm near Natick, not many miles from Newton. The Drowne boy told the farmer that he was trying to get to New York, and that if would telephone to his mother she was sure to come and get him.
This was done and after an all-night trip Mrs. Drowne reached her son. She telephoned to her husband in Boston to meet them at the Grand Central Station here, and Mr. Drowne and his counsel were one hand when the train came in. When the boy learned that he was to be separated from his mother a lively scene took place. He fought his father and the attorney, landed several times on the latter's face, and sent his glasses flying. The scrimmage was witnessed by a large number of people, but peace was restored and the quartet drove away.
HENRY RUSSELL DROWNE, who was a well-to-do merchant, then decided to bring an action for divorce in 1908, after 19 years of marriage. (We know that Drowne was rich, because his 1934 obituary mentions that he was "widely known as a collector of coins, paintings, antiques, and Americana.") Their son, who must have been conceived after the South Dakota "divorce," was then about 10 years of age.
Daddy got custody--and then promptly shipped the child off to boarding school in Newton, Massachusetts. The timing certainly suggests that getting rid of the boy and keeping him from his mother was the main motivation here. Certainly sounds like a cruel and controlling move to me. No wonder the mother had been so desperate all those years before. At this point, the father doesn't even have the final decree of divorce.
Anyway, after "chafing under the restrictions there" (translation: after chafing under the abusive conditions in a turn-of-the century New England boarding school while simultaneously grieving for the loss of his mother), the boy runs away. The boy manages to make telephone contact with his mother, who makes an all-night trip to come get him. The mother, who is obviously trying to follow the oppressive rules of the court, then contacts the father to meet them at Grand Central Station in New York. Daddy shows up alright--with his attorney. When the boy realized that he was going to be forcefully separated from his mother once more, he fought back. He even managed to land a few punches squarely on the attorney's face. This level of resistance certainly suggests that the boy's aversion was very high--most likely because of abuse in the father's home.
However, the Times tells us that "peace was restored" and that "the quartet drove away."
I sincerely doubt that peace was restored at any rate. Daddy's final divorce decree affirmed his custody of the boy. This is one of those stories where you wonder what eventually happened to this boy and his mother.
Have things really changed that much in 100 years? You tell me.
From the New York Times, May 16, 1909.
http://query.nytimes.com/mem/archive-free/pdf?res=9C06EEDA1539E733A25755C1A9639C946897D6CF
DIVORCE FOR DROWNE AND CUSTODY OF CHILD
Dakota Decree Obtained by Wife of Woolen Merchant Declared Invalid.
BOY A SCHOOL RUNAWAY
Mother Brought Him to This City and Boy Made a Scene When Surrendered to His Father.
Supreme Court Justice Gerard signed the final decree of divorce yesterday in favor of Henry Russell Drowne of the firm of Mann & Drowne, woolen merchants at 61 Leonard Street, who lives at 147 West Thirty-Sixth Street, in his action against Louisa Forsythe Drowne. The father gets the custody of htier son, 11 years old.
The Drownes were married on July 3, 1889, and in 1896 Mrs. Drowne left her husband and went to South Dakota, where she got a divorce, which was held invalid in this State. About May last year Mr. Drowne brought an action for divorce and got an interlocutory decree. He obtained custody of the boy, and subsequently placed him in a school at Newton, Mass. Chafing under the restrictions there, the boy, with a companion, ran away, having decided to get back to New York. The youngsters' trip ended at a farm near Natick, not many miles from Newton. The Drowne boy told the farmer that he was trying to get to New York, and that if would telephone to his mother she was sure to come and get him.
This was done and after an all-night trip Mrs. Drowne reached her son. She telephoned to her husband in Boston to meet them at the Grand Central Station here, and Mr. Drowne and his counsel were one hand when the train came in. When the boy learned that he was to be separated from his mother a lively scene took place. He fought his father and the attorney, landed several times on the latter's face, and sent his glasses flying. The scrimmage was witnessed by a large number of people, but peace was restored and the quartet drove away.
Thursday, March 18, 2010
DASTARDLY DADS FROM THE ARCHIVES (New York, New York - 1909)
Last oldie but goody for the day. This case concerns the trial of father CARL LOOSE for the murder of his 16-year-old daughter and the wounding of his adult son. Note the veiled references to child sexual abuse in this article, and how an adult son--rather than the police or a social service agency--was brought in to intervene in the situation, at least initially. In this case, the attempt at an intevention ended in violence.
From the archives of the New York Times, February 11, 1909
http://query.nytimes.com/mem/archive-free/pdf?res=9501EED91738E033A25752C1A9649C946897D6CF
LOOSE MURDER TRIAL BEGUN.
He Killed His Young Daughter and Wounded His Son, a Clergyman.
The trial of Carl Loose, 67 years old, for murdering his 16-year-old daughter and wounding his son, the Rev. Frederick William Loose of Yale, S. D., began before Judge Foster in the Court of General Sessions yesterday morning. The Rev. Mr. Loose was the principal witness for the people.
He testified that he had received a letter ten days before the murder from his mother, requesting him to come to this city and straighten out home matters. She wrote, he said, that his father was acting strangely and that she wanted him to go away. Mr. Loose said that after his arrival here he had told his father that he must keep away from his home at 1,710 Second Avenue, and particularly his daughters. When the father refused to do so, Mr. Loose said, he had his father arrested and Magistrate Crane had warned him to keep away from his family.
"The day before the shooting," Mr. Loose said, "I told my father that he could not stay here in New York. I told him that I was wanting to take him to South Dakota, where he could live with me.
"The following morning, when we were at breakfast, he came in, drew a revolver, and shot me in the chest. Then he aimed at my mother. I grabbed his hand. My sister Mata did the same. Another shot was fired. (the one that killed the young girl.) I did not know that Mata had been murdered until I reached the hospital."
Marie Rooney, the elder Loose's married daughter, testified to her father's ill-treatment of her. This, she said, had continued for four years. Evidence was given that Loose had also ill-treated the daugther he murdered.
The defense was insanity. Loose testified that he could not recall the shooting. He said his mind had been unbalanced by his son's decision that he must leave home.
From the archives of the New York Times, February 11, 1909
http://query.nytimes.com/mem/archive-free/pdf?res=9501EED91738E033A25752C1A9649C946897D6CF
LOOSE MURDER TRIAL BEGUN.
He Killed His Young Daughter and Wounded His Son, a Clergyman.
The trial of Carl Loose, 67 years old, for murdering his 16-year-old daughter and wounding his son, the Rev. Frederick William Loose of Yale, S. D., began before Judge Foster in the Court of General Sessions yesterday morning. The Rev. Mr. Loose was the principal witness for the people.
He testified that he had received a letter ten days before the murder from his mother, requesting him to come to this city and straighten out home matters. She wrote, he said, that his father was acting strangely and that she wanted him to go away. Mr. Loose said that after his arrival here he had told his father that he must keep away from his home at 1,710 Second Avenue, and particularly his daughters. When the father refused to do so, Mr. Loose said, he had his father arrested and Magistrate Crane had warned him to keep away from his family.
"The day before the shooting," Mr. Loose said, "I told my father that he could not stay here in New York. I told him that I was wanting to take him to South Dakota, where he could live with me.
"The following morning, when we were at breakfast, he came in, drew a revolver, and shot me in the chest. Then he aimed at my mother. I grabbed his hand. My sister Mata did the same. Another shot was fired. (the one that killed the young girl.) I did not know that Mata had been murdered until I reached the hospital."
Marie Rooney, the elder Loose's married daughter, testified to her father's ill-treatment of her. This, she said, had continued for four years. Evidence was given that Loose had also ill-treated the daugther he murdered.
The defense was insanity. Loose testified that he could not recall the shooting. He said his mind had been unbalanced by his son's decision that he must leave home.
Tuesday, September 1, 2009
Dad drives drunk with 4-year-old child in car; child injured in rollover crash (Pine Ridge, South Dakota)
Dad JUSTIN TOBACCO has pleaded guilty to driving drunk with his 4-year-old child in the car. The child was injured when dad hit several other cars and rolled his own.
http://www.kotaradio.com/news.asp?eid=5002&ID=3984
Father Drives Drunk With Young Child In Car
Created: 9/1/2009 8:32:31 AM
A Pine Ridge man has pleaded guilty to aggravated child abuse for driving drunk with his 4-year-old child in the car.
Authorities say 30-year-old Justin Tobacco hit several cars and then rolled his vehicle on state Highway 79, resulting in minor injuries to the child.
In exchange for Tobacco's guilty plea, prosecutors have dropped additional charges and agreed not to seek more than a two-year prison sentence.
The charge against Tobacco carries a maximum sentence of 15 years in prison.
http://www.kotaradio.com/news.asp?eid=5002&ID=3984
Father Drives Drunk With Young Child In Car
Created: 9/1/2009 8:32:31 AM
A Pine Ridge man has pleaded guilty to aggravated child abuse for driving drunk with his 4-year-old child in the car.
Authorities say 30-year-old Justin Tobacco hit several cars and then rolled his vehicle on state Highway 79, resulting in minor injuries to the child.
In exchange for Tobacco's guilty plea, prosecutors have dropped additional charges and agreed not to seek more than a two-year prison sentence.
The charge against Tobacco carries a maximum sentence of 15 years in prison.
Sunday, August 30, 2009
Dad charged in DUI crash that killed his 6-year-old twins (Hot Springs, South Dakota)
Dad CLINTON PHELPS faces charges in a crash where he was apparently driving drunk and his two 6-year-old children were killed. It appears that the children were not properly restrained either, since they were thrown from the car.
http://www.chadrad.com/newsstory.cfm?story=15689
(S.D.)-Father Charged In Crash That Killed Kids
By: Dennis and Kathi Brown Posted at: 08/28/2009 08:43 AM
HOT SPRINGS, South Dakota (AP) - A Hot Springs man faces charges in a crash that killed his two 6-year-old children.
The Fall River County clerk of courts office says 28-year-old Clinton Phelps is charged with felony vehicular homicide, felony vehicular battery, misdemeanor driving under the influence or an alternate similar DUI count.
Phelps would face up to 26 years in prison if convicted on all the counts.
The Highway Patrol says Phelps was driving a car that left state Highway 71 about two miles south of Hot Springs on Monday night, rolled and came to rest on its roof. Faralynn Phelps died at the scene. Her brother, Adrian, died Wednesday in a Rapid City hospital from injuries he suffered in the crash.
Authorities say both children were thrown from the car. Clinton Phelps wore a seat belt and suffered non-life threatening injuries.
http://www.chadrad.com/newsstory.cfm?story=15689
(S.D.)-Father Charged In Crash That Killed Kids
By: Dennis and Kathi Brown Posted at: 08/28/2009 08:43 AM
HOT SPRINGS, South Dakota (AP) - A Hot Springs man faces charges in a crash that killed his two 6-year-old children.
The Fall River County clerk of courts office says 28-year-old Clinton Phelps is charged with felony vehicular homicide, felony vehicular battery, misdemeanor driving under the influence or an alternate similar DUI count.
Phelps would face up to 26 years in prison if convicted on all the counts.
The Highway Patrol says Phelps was driving a car that left state Highway 71 about two miles south of Hot Springs on Monday night, rolled and came to rest on its roof. Faralynn Phelps died at the scene. Her brother, Adrian, died Wednesday in a Rapid City hospital from injuries he suffered in the crash.
Authorities say both children were thrown from the car. Clinton Phelps wore a seat belt and suffered non-life threatening injuries.
Friday, August 7, 2009
Dad murders mom, 18-year-old son finds bodies (Aberdeen, South Dakota)
Dad DENNIS HAGEN shot his wife, then himself. He apparently figured his wife's life was less than dirt. And it seems he didn't care that his traumatized 18-year-old son would find the bodies, either. That's called narcissism, folks. Abusers who commit murder-suicides are usually full of it (narcissism, that is).
Another hat tip to Joan for pointing out this article.
http://www.ksfy.com/news/local/52552852.html
Neighbor Heard Cry For Help In Aberdeen Murder-Suicide
Originally printed at http://www.ksfy.com/news/local/52552852.html
A couple who was found dead this morning by their teen-aged son. They are identified as Dennis and Jeanne Haugen, both 39. Police are saying Jeanne Haugen was murdered while Dennis Haugen died of a self inflicted gunshot wound.
The Haugen's lived at 828 South Merton Street and neighbors say for the most part they kept to themselves. One woman says she heard a cry for help last night.
The Haugen's 18-year-old son made a frantic call to the police after he found both of his parents dead from gunshot wounds. He was waiting outside when the police arrived.
Rita Mack, a neighbor who lives across the street says she was watching tv and thinks she may have heard the 18-year-old's cry for help through her window.
"When I heard that noise 'help me, help me', I was thinking it was some kids playing outside."
So Rita continued watching tv not knowing what had happened across the street.
"I heard it start up again. Then I turned the tv down and I could hear the same voice saying 'help me, help me.' "
Rita realized something was going on in her normally quiet neighborhood when Merton Street was lined with ambulances and police.
"Then I saw them with this young man and that's when I came out and they started pulling the rope across. Then I started wondering what happened, if there was a shooting."
Police believe Dennis Haugen shot his wife Jeanne and then shot himself in the head leaving their 18-year old son without parents and a neighborhood in shock.
Another hat tip to Joan for pointing out this article.
http://www.ksfy.com/news/local/52552852.html
Neighbor Heard Cry For Help In Aberdeen Murder-Suicide
Originally printed at http://www.ksfy.com/news/local/52552852.html
A couple who was found dead this morning by their teen-aged son. They are identified as Dennis and Jeanne Haugen, both 39. Police are saying Jeanne Haugen was murdered while Dennis Haugen died of a self inflicted gunshot wound.
The Haugen's lived at 828 South Merton Street and neighbors say for the most part they kept to themselves. One woman says she heard a cry for help last night.
The Haugen's 18-year-old son made a frantic call to the police after he found both of his parents dead from gunshot wounds. He was waiting outside when the police arrived.
Rita Mack, a neighbor who lives across the street says she was watching tv and thinks she may have heard the 18-year-old's cry for help through her window.
"When I heard that noise 'help me, help me', I was thinking it was some kids playing outside."
So Rita continued watching tv not knowing what had happened across the street.
"I heard it start up again. Then I turned the tv down and I could hear the same voice saying 'help me, help me.' "
Rita realized something was going on in her normally quiet neighborhood when Merton Street was lined with ambulances and police.
"Then I saw them with this young man and that's when I came out and they started pulling the rope across. Then I started wondering what happened, if there was a shooting."
Police believe Dennis Haugen shot his wife Jeanne and then shot himself in the head leaving their 18-year old son without parents and a neighborhood in shock.
Tuesday, August 4, 2009
Dad leaves baby at home while he goes out drinking (Brookings, South Dakota)
UNNAMED DAD was supposed to be minding his 3-month-old son, but decided to leave the baby at home while he went out to hoist a few. Dad was later pulled over for driving under the influence, and he admitted to the police that he had left the baby at home unattended. Do kids need dads like this?
http://www.brookingsregister.com/V2_news_articles.php?heading=0&page=78&story_id=5815
Dad leaves infant home alone
Posted: Monday, Aug 3rd, 2009
BY: Staff Reports
Brookings police say a man arrested for DUI on Saturday admitted to leaving his 3-month-old child home alone while he was out.
Detective Brett Spencer said a BPD officer arrested the 29-year-old Brookings man at noon Saturday in the 200 block of Sixth Avenue South. That's where the suspect had allegedly stopped his vehicle in the driving lane on the wrong side of the road, facing the wrong direction.
Spencer said the man eventually told the officer that he left his 3-month-old child home alone at a local residence.
The officer contacted the man's girlfriend, who went to check on the baby.
No injuries to the child were reported. Police reports did not indicate how long the infant had been left alone.
The man was arrested on charges of DUI, driving with a revoked license, expired license plates, and failure to maintain financial responsibility.
Spencer said there was no immediate removal of the child from the custody of its parents, but the Department of Social Services was contacted to conduct a follow-up investigation on the unattended child.
http://www.brookingsregister.com/V2_news_articles.php?heading=0&page=78&story_id=5815
Dad leaves infant home alone
Posted: Monday, Aug 3rd, 2009
BY: Staff Reports
Brookings police say a man arrested for DUI on Saturday admitted to leaving his 3-month-old child home alone while he was out.
Detective Brett Spencer said a BPD officer arrested the 29-year-old Brookings man at noon Saturday in the 200 block of Sixth Avenue South. That's where the suspect had allegedly stopped his vehicle in the driving lane on the wrong side of the road, facing the wrong direction.
Spencer said the man eventually told the officer that he left his 3-month-old child home alone at a local residence.
The officer contacted the man's girlfriend, who went to check on the baby.
No injuries to the child were reported. Police reports did not indicate how long the infant had been left alone.
The man was arrested on charges of DUI, driving with a revoked license, expired license plates, and failure to maintain financial responsibility.
Spencer said there was no immediate removal of the child from the custody of its parents, but the Department of Social Services was contacted to conduct a follow-up investigation on the unattended child.
Monday, August 3, 2009
"Duct-tape" dad sentenced in child abuse case (Sioux Falls, South Dakota)
Dad DAVID JEROME WOODS has received a suspended sentence for duct-taping his 4-year-old son to the floor. Dad has a history of drug abuse and domestic violence (big surprise). Sounds like the mom is defending him out of fear.
http://www.argusleader.com/article/20090801/NEWS/908010305/1001/news
Man sentenced in child abuse
Prison time suspended in duct-taping case
John Hult • jhult@argusleader.com • August 1, 2009
A Sioux Falls man convicted of child abuse received a suspended prison sentence Friday, in part because letters written on his behalf swayed the judge's decision.
David Jerome Woods, 40, duct-taped his 4-year-old son to the floor of his home Jan. 24. The boy was unhurt.
State's Attorney Aaron McGowan argued that Woods has a history of marijuana use and an earlier domestic offense stemming from a physical altercation with his wife in 2005.
Woods' wife, Rachel, reported hearing her child scream from another room the day of the duct-taping. She has been separated from her husband since the event occurred.
"It's not the first time violence has occurred in this home," McGowan said.
But Judge Stuart Tiede said media reports of the case have blown the incident out of proportion. While letters written on a defendant's behalf usually don't have much of an effect on how he sentences people, the judge said letters about Woods from his family and his wife's family convinced him that Woods is not a threat.
"I don't think this is a case where a penitentiary sentence is warranted," Tiede said.
Woods was sentenced to three years in prison, but that was suspended upon his completion of two years' probation. He also must submit to a substance-abuse evaluation as one condition of that probation.
Ken Tschetter, Woods' lawyer, argued that Rachel Woods has called her husband's behavior that day "out of character" and has said the incident was isolated.
A sentence of probation is appropriate, Tschetter said, because Woods is not a danger to himself or his children.
"He wasn't a cruel disciplinarian of any sort," Tschetter said. "It doesn't appear that this was done maliciously or out of anger."
Woods, who has re-established contact with his son and daughter after months of separation, asked the judge for leniency so he could support his children.
"It was a mistake, and I wish I could take it back," Woods said.
http://www.argusleader.com/article/20090801/NEWS/908010305/1001/news
Man sentenced in child abuse
Prison time suspended in duct-taping case
John Hult • jhult@argusleader.com • August 1, 2009
A Sioux Falls man convicted of child abuse received a suspended prison sentence Friday, in part because letters written on his behalf swayed the judge's decision.
David Jerome Woods, 40, duct-taped his 4-year-old son to the floor of his home Jan. 24. The boy was unhurt.
State's Attorney Aaron McGowan argued that Woods has a history of marijuana use and an earlier domestic offense stemming from a physical altercation with his wife in 2005.
Woods' wife, Rachel, reported hearing her child scream from another room the day of the duct-taping. She has been separated from her husband since the event occurred.
"It's not the first time violence has occurred in this home," McGowan said.
But Judge Stuart Tiede said media reports of the case have blown the incident out of proportion. While letters written on a defendant's behalf usually don't have much of an effect on how he sentences people, the judge said letters about Woods from his family and his wife's family convinced him that Woods is not a threat.
"I don't think this is a case where a penitentiary sentence is warranted," Tiede said.
Woods was sentenced to three years in prison, but that was suspended upon his completion of two years' probation. He also must submit to a substance-abuse evaluation as one condition of that probation.
Ken Tschetter, Woods' lawyer, argued that Rachel Woods has called her husband's behavior that day "out of character" and has said the incident was isolated.
A sentence of probation is appropriate, Tschetter said, because Woods is not a danger to himself or his children.
"He wasn't a cruel disciplinarian of any sort," Tschetter said. "It doesn't appear that this was done maliciously or out of anger."
Woods, who has re-established contact with his son and daughter after months of separation, asked the judge for leniency so he could support his children.
"It was a mistake, and I wish I could take it back," Woods said.
Friday, July 17, 2009
Dad pleads guilty to child abuse; burned infant son with vacuum cleaner (Aberdeen, South Dakota)
Dad JOHN KRAHL has pleaded guilty to child abuse in a pretty strange case: Dad was apparently holding a vacuum cleaner over his infant son's play pen because he wanted to "scare him" (at least that's what the prosecutors say), and he caused a burn on the baby's thigh in the process. What kind of idiot holds a vacuum cleaner over a child's play pen for any reason?
http://www.keloland.com/News/NewsDetail6371.cfm?Id=87027
07/09/2009 11:11 AM
Aberdeen Man Pleads Guilty To Child Abuse
An Aberdeen man has pleaded guilty to a child abuse charge in a case involving a vacuum cleaner. Thirty-three-year-old John Krahl was accused of holding a running vacuum over a playpen that held his infant son, causing a friction burn on the baby's thigh. Prosecutors said he was trying to scare the child; he disputed that.
Krahl was given credit for 89 days he served in jail, fined $750 and ordered to spend two years on probation. The incident will not go on his record if he follows the terms of his probation.
Krahl also is allowed to have contact with his son under guidelines set by the state Department of Social Services.
http://www.keloland.com/News/NewsDetail6371.cfm?Id=87027
07/09/2009 11:11 AM
Aberdeen Man Pleads Guilty To Child Abuse
An Aberdeen man has pleaded guilty to a child abuse charge in a case involving a vacuum cleaner. Thirty-three-year-old John Krahl was accused of holding a running vacuum over a playpen that held his infant son, causing a friction burn on the baby's thigh. Prosecutors said he was trying to scare the child; he disputed that.
Krahl was given credit for 89 days he served in jail, fined $750 and ordered to spend two years on probation. The incident will not go on his record if he follows the terms of his probation.
Krahl also is allowed to have contact with his son under guidelines set by the state Department of Social Services.
Subscribe to:
Comments (Atom)