Scarlett Posted September 12, 2018 Share Posted September 12, 2018 (edited) Please don't quote I may delete later. My brother was served a criminal summons for endangering the welfare of a child third degree and assault on a Family member third degree. A week ago he was visited by dhs. That visit seemed to go very well. The social worker told him he was doing a good job and my nephew seemed healthy and happy. So what triggered this charge? And if they think my nephew has been endangered why is the court date a month a way and my nephew still in the home? Update January 28, 2019 Weird things happening in this case. Small towns and all of that. The criminal court was suppose to happen last Friday.....for both of them. Brother was to testify against his wife and he assumed her against him. By Wednesday of last week his lawyer told him the court was postponed again because they couldn’t find her to serve her. She works at a factory in town...has a by the week room at a motel nearby. So I don’t believe they couldn’t find her. Sheriff’s even came to brothers house late Thursday night ( after brother was told the court was postponed) looking for her. I can’t wrap my mind around why they don’t want to find her. But something is going on. Also she missed the deadline to answer his divorce suit, but her attorney filed it late ( 3 weeks late). So divorce court is this week. And my brother asked my parents for money. He already owes them at least $6k. And their relationship is pretty broken due to my brothers venomous mouth. They gave him money. And this morning he told me he is out of propane. But he has wood heat. DHS has left their 7 year old in my brothers custody. But I am still on high alert for the the possibility that if she makes accusations against him the judge may take this boy from both of them. Edited January 28, 2019 by Scarlett Quote Link to comment Share on other sites More sharing options...
hippiemamato3 Posted September 12, 2018 Share Posted September 12, 2018 The standards for keeping a child in the home are shockingly low (most of the time.) Who served the summons? Quote Link to comment Share on other sites More sharing options...
Scarlett Posted September 12, 2018 Author Share Posted September 12, 2018 7 minutes ago, hippiemamato3 said: The standards for keeping a child in the home are shockingly low (most of the time.) Who served the summons? Sheriff department. They came out the day she tried to take their child. She was screaming that day that he assaulted her. She doesn't know there is a video. Quote Link to comment Share on other sites More sharing options...
Ottakee Posted September 12, 2018 Share Posted September 12, 2018 Charges may have been filed before the officer visited. Quote Link to comment Share on other sites More sharing options...
Jean in Newcastle Posted September 12, 2018 Share Posted September 12, 2018 1 hour ago, Scarlett said: Sheriff department. They came out the day she tried to take their child. She was screaming that day that he assaulted her. She doesn't know there is a video. ???? So you know what triggered the charge. The reason they haven't taken the child is because there isn't enough evidence to support her claim - at least not enough for an immediate removal. 2 Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted September 12, 2018 Share Posted September 12, 2018 1 hour ago, Scarlett said: . She was screaming that day that he assaulted her. She doesn't know there is a video. we have a friend who was the barrister in a case like this. he had a lot of fun getting the plaintiff to make her accusations on the stand. she didn't know there was a TV STATION camera rolling right behind her - and everything was on video. they should have charged her with perjury. 2 Quote Link to comment Share on other sites More sharing options...
hippiemamato3 Posted September 12, 2018 Share Posted September 12, 2018 6 minutes ago, gardenmom5 said: we have a friend who was the barrister in a case like this. he had a lot of fun getting the plaintiff to make her accusations on the stand. she didn't know there was a TV STATION camera rolling right behind her - and everything was on video. they should have charged her with perjury. I'm always amazed at the number of blatant lies people get away with under oath without perjury charges. 5 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted September 12, 2018 Author Share Posted September 12, 2018 51 minutes ago, Jean in Newcastle said: ???? So you know what triggered the charge. The reason they haven't taken the child is because there isn't enough evidence to support her claim - at least not enough for an immediate removal. I think I wasn’t clear . She came to their house and tried to take their child. It was captured in video. Neighbors called 911 that day. About a week later cps showed up. Then another week later he was served with the criminal complaint. So no I am not clear on what triggered the charge. I can’t understand how cps visited and seemed satisfied with things and now there is an endangering welfare of a minor charge. Quote Link to comment Share on other sites More sharing options...
scholastica Posted September 12, 2018 Share Posted September 12, 2018 9 minutes ago, Scarlett said: I think I wasn’t clear . She came to their house and tried to take their child. It was captured in video. Neighbors called 911 that day. About a week later cps showed up. Then another week later he was served with the criminal complaint. So no I am not clear on what triggered the charge. I can’t understand how cps visited and seemed satisfied with things and now there is an endangering welfare of a minor charge. She decided to go to the police and file charges most likely. 3 Quote Link to comment Share on other sites More sharing options...
Faith-manor Posted September 12, 2018 Share Posted September 12, 2018 Very likely she filed a criminal assault complaint against him. The charges may very well be tossed out in court when evidence is presented. And often authorities will look at this as a problem between the two of them that does not necessarily translate to him becoming an abuser of the children. It can take A LOT for children to be removed. 1 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted September 12, 2018 Author Share Posted September 12, 2018 If it was just the assault on a family member I would agree she filed charges. I don’t understand where the endangering the welfare of a minor comes in and less it’s just because he was there? Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted September 12, 2018 Share Posted September 12, 2018 (edited) 1 hour ago, hippiemamato3 said: I'm always amazed at the number of blatant lies people get away with under oath without perjury charges. yeah - if they'd filed perjury/false report charges against crystal magnum (duke lacrosse case), her boyfriend would still be alive. now she's in jail for murder. eta: I agree. she went to the cops. she probably also said he threatened the kids. Edited September 12, 2018 by gardenmom5 Quote Link to comment Share on other sites More sharing options...
Joules Posted September 12, 2018 Share Posted September 12, 2018 55 minutes ago, Scarlett said: If it was just the assault on a family member I would agree she filed charges. I don’t understand where the endangering the welfare of a minor comes in and less it’s just because he was there? I think it probably was just that he was there. In some places, assaulting someone else in the presence of the child is considered endangering the welfare of the child. In other words, it is not good for the child to see Dad hit someone. On the other hand, they have no fear that he will hurt his child, so they aren't pushing for removal. (It may be that they somewhat doubt the woman's claim, but have to make the charges.) The bar is high for removal of children. You can do something wrong/illegal as a parent (like not use a car seat once), get charged, but not have your kids taken away. 1 Quote Link to comment Share on other sites More sharing options...
mamaraby Posted September 12, 2018 Share Posted September 12, 2018 1 hour ago, Scarlett said: I can’t understand how cps visited and seemed satisfied with things and now there is an endangering welfare of a minor charge. Because CPS is not the one who decides on the charges. The LEO is the one who recommends the charges, the DA is the one who decides to go ahead. When 911 was called, I assume it was a deputy that responded? I would hazard a guess that the charges stem from that 911 call. The deputy requested that CPS investigate the general welfare of the child. Meanwhile the deputy decided to charge the person for the precipitating event. In other words, the CPS visit likely has nothing to do with the charges filed and is probably why there were no additional charges filed. Make sense? 3 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted September 12, 2018 Author Share Posted September 12, 2018 45 minutes ago, mamaraby said: Because CPS is not the one who decides on the charges. The LEO is the one who recommends the charges, the DA is the one who decides to go ahead. When 911 was called, I assume it was a deputy that responded? I would hazard a guess that the charges stem from that 911 call. The deputy requested that CPS investigate the general welfare of the child. Meanwhile the deputy decided to charge the person for the precipitating event. In other words, the CPS visit likely has nothing to do with the charges filed and is probably why there were no additional charges filed. Make sense? The police have been in possession of the video for over a week. So I can't see how there would be any charges on my brother. SHE plowed him down while holding my nephews hand and dragging him behind her. My nephew is screaming "I don't want to go with you mom.' It was a horrific thing to watch but my brother is not assaulting her. I can't imagine his attorney would tell him to take it to the police if he thought anything on the tape would cause my brother to be charged. Oh well, no use to keep on wondering. I guess someone will tell him something soon. Quote Link to comment Share on other sites More sharing options...
mamaraby Posted September 12, 2018 Share Posted September 12, 2018 33 minutes ago, Scarlett said: The police have been in possession of the video for over a week. So I can't see how there would be any charges on my brother. SHE plowed him down while holding my nephews hand and dragging him behind her. My nephew is screaming "I don't want to go with you mom.' It was a horrific thing to watch but my brother is not assaulting her. I can't imagine his attorney would tell him to take it to the police if he thought anything on the tape would cause my brother to be charged. Oh well, no use to keep on wondering. I guess someone will tell him something soon. Without seeing the officer’s report, it’s all just going to be speculation. They will have to justify their charges in court in order for things to proceed so his best bet is to work the system. It may have nothing to do with the video. But, I still really doubt it has anything to do with the CPS visit because while the CPS worker needs the LEO to do a whole bunch of things, the LEO can use their discretion re: charges even if CPS thinks the LEO should or should not do x thing. Quote Link to comment Share on other sites More sharing options...
Scarlett Posted January 28, 2019 Author Share Posted January 28, 2019 Updated in first post Quote Link to comment Share on other sites More sharing options...
Scarlett Posted January 29, 2019 Author Share Posted January 29, 2019 Apparently the criminal charge has to do with the tug of war over the child. And my brother having a gun the fell to the deck during the struggle. Dhs has put him on a list of offenders for his state. He has appealed that and has yet to hear anything. I will be so glad when this is over. Quote Link to comment Share on other sites More sharing options...
maize Posted January 29, 2019 Share Posted January 29, 2019 Given his questionable mental health I really think your brother would be better off without a gun. I would never permit a gun in my own household partly because of mental health difficulties. I hope things work out in whatever way will be best for the child. 2 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted January 29, 2019 Author Share Posted January 29, 2019 44 minutes ago, maize said: Given his questionable mental health I really think your brother would be better off without a gun. I would never permit a gun in my own household partly because of mental health difficulties. I hope things work out in whatever way will be best for the child. I know right. But he listens to no one. It will be interesting to see what the judge says. 1 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted February 1, 2019 Author Share Posted February 1, 2019 Ugh. Well, the divorce is final. She didn't show. I would have thought that meant she forfeited custody and visitation for now, but no the judge says that will be decided at a later date. My brother told me she quit her job the day before the hearing and no one had heard from her. And also on that day she tried to check their son out of school, but was prohibited from doing so. Frankly I was worried about her even though I do not like her at all. So I accepted the latest friend request she had sent me (weeks back) and spent an hour or so reading her FB posts from the last 3 months or so. I am shocked by the amount of filth she posts. One would think a mother who is trying to gain the right to see her child would be more careful about posting such filth. And also she posted a new filthy meme an hour ago, so apparently she is ok. But I think she may have left the state because a friend of hers was commenting, 'where are you? You aren't home and you won't answer your phone.' What a mess. It makes my brother look like the barely better choice for parenting this child of theirs. Quote Link to comment Share on other sites More sharing options...
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