Children Sent Into Desert For Punishment

A homeless couple in California was arrested for sending the woman's three children into the Mojave Desert as punishment without shoes or water. The 7 year old girl, 6 year old boy, and 5 year old boy did not require medical treatment because a resident spotted them near a road and called authorities. It was 94 degrees when the children were found. Deputies found the mother, Mary Bell, and her boyfriend, Gary Cassle,  a short distance up the road near Twentynine Palms. They were in sight of the children, but were obviously not keeping track of them. The pair said that they left the kids to discipline them. San Bernardino County sheriff's spokeswoman Cynthia Bachman estimates that the children had been wandering for approximately 45 minutes. Bachman said that the family had been living out of their car. The children were taken by the Child Support Services department.

The couple were arrested on suspicion of child abuse, and their bail was set at $100,000.

Comments from Allen:
This was intentional conduct by the parents.  "Intent" is based upon whether the parents knew the children were in the desert, without water, without shoes, out of sight of their parents, on a hot day.  Intent is not based upon the actual consequences of the act or the intended consequences of the act, but just whether the conduct itself was intentional.

For this reason, "shaken baby" cases, in which a parent or babysitter might want to get an infant's attention by shaking it (usually out of frustration when a baby will not stop crying), and the shaking results in brain damage to the infant, result in severe punishment.  Cases in which a parent escalates discipline by using a belt or hose and inflicts welts in a child are also treated as felonies.  "Teaching a child a lesson" is no excuse.

Once it is determined the conduct was intentional, the court examines whether that intentional conduct was likely to result in injury to the child, whether that actual injury would be intended or not.  Such conduct is considered felonious conduct, and upon conviction a judge will determine what punishment is appropriate.

As to the $100,000 bail in this case, it is set based upon the seriousness of the crime and the risk the defendant will not show up for trial.  Since this crime involves homeless and jobless defendants with no apparent ties to the community, the defendants are considered a flight risk and the judge will not let them leave jail prior to trial, unless they pay a bail bondsman $10,000 to hunt them down in the event they don't show up for trial.  It is also clear the judge does not care that these defendants are too poor to put up $100,000 as bail money or to pay a bail bondsman to bail them out-- they will just sit in jail until the court is ready to deal with them.

In the meantime, their children will be well taken care of and placed with parents who actually do have a home for them..

In a case like this, typically the children are removed from their parents' residence by Child Support Services in a separate, non-criminal proceeding, and a hearing process is begun in which the parents must, more or less, earn the right to have their children returned to them.  What the parents have to do is based upon how they have demonstrated neglect or abuse of their children.  In cases of extreme harm to the children, or in cases in which a court determines the children cannot be safely returned to their parents, or in cases in which the parents do not follow the plan set forth by Child Protective Services to be reunited with their children, the court begins a process to terminate the rights of the parents and to have the children be adopted by responsible parents.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    

Sources for more information:

 http://www.cbsnews.com/news/couple-accused-of-sending-3-children-into-california-desert-as-punishment/

http://www.latimes.com/local/lanow/la-me-ln-twentynine-palms-san-bernardino-county-children-punishment-20160714-snap-story.html

 https://local.nixle.com/alert/5681777/?sub_id=2098548

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