Child Endangerment???

[medusatheruler]

What is the name of your state? Indiana

My ex-husband has been arrested and charged with murder. He comitted this offense while my son and 2 other small children were sleeping upstairs. He shot this person 4 times in the room directly underneath where the children were sleeping. Shouldn't they have charged him with child endangerment? Why wouldn't they? Thank You

[CdwJava]

Originally Posted by medusatheruler

What is the name of your state? Indiana

My ex-husband has been arrested and charged with murder. He comitted this offense while my son and 2 other small children were sleeping upstairs. He shot this person 4 times in the room directly underneath where the children were sleeping. Shouldn't they have charged him with child endangerment? Why wouldn't they? Thank You

Because that charge would have been pointless AND required greater effort for the prosecution. It may also be a distraction.

They could also charge him for reckless discharge of a firearm ... and probably assault with a deadly weapon as well ... maybe even vandalism to the property. The point is that there is no need to.

They have him for murder - why bother with the lesser offenses. They would have to spend a great deal of time and effort trying to prove that his act somehow endangered the welfare of the children. While that may seem a 'no brainer' to you, in court it would not be. And the matter might distract focus from the main issue - MURDER.

- Carl

[medusatheruler]

Thanks Carl I understand what you are saying. I'm just angry that my child was in the same house that a man was murdered in and no one seems to care. Thanks again for your response

[CdwJava]

Originally Posted by medusatheruler

Thanks Carl I understand what you are saying. I'm just angry that my child was in the same house that a man was murdered in and no one seems to care. Thanks again for your response

I understand your concern ... but, the police and the DA are looking at the bigger picture - murder. Everything else is largely irrelevant. It is not that they don't care, but that it really does not matter. It's sort of like charging a terrorist for vandalism when he blows up a building and people die.

Be satisfied that he is (apparently) done, and will likely be locked away forever.

- Carl

[tigger22472]

It's not that they don't care it's just like Carl said. They have him for the more 'costly' charge. I mean, think about it... He could get life, or the death penalty (sometimes less depending on circumstances) for the murder where in dangering the welfare of a minor would MAYBE get him a few years.

Here's what you need to make sure you do. Contact an attorney pronto. IF there is a possibility that your ex could SOMEHOW get out on bond (haven't looked up those laws here) you'll need an emergency hearing. Otherwise if he gets a fairly 'light' sentence make sure you file for a modification of any court orders you have now if the children will still be minors at his release. Too many people wait until the last minute and then are worried about these people getting out of jail soon and having visitation. I have seen here in Indiana where a judge will suspend visitation until which time the NCP FILES for it themselves again due to criminal activity. If you can have this done this means if he's released while your child is a minor he would have to take the issue to court to be granted visitation. If that ever happens you can argue for at the VERY MINIMUM supervised. Also I would try to make sure you get copies of police reports when they are released to the public as well as any media coverage, especially any that state the children were present.