Make a kid walk .5 mile home = child endangerment. We have lost our fucking minds.

[grazinhorn 472]

In third grade I often traveled an hour home from school - sometimes with classmates, many times without.  Walks on either end of trains with two line changes along the way.  Granted this was in Japan and safety was much less of an issue, but to think a 10 year old doesn't know how to walk home from a mile away is just severely shortchanging the intelligence of a young person.

[grazinhorn 472]

5 minutes ago, USCATX said:

CPS is pretty terrible and people are very stupid, but these “we did nothing wrong and now I’m a felon/our kids were taken,” stories are almost always wrong or at least inaccurate.  

My anecdote above aside, I do agree with this and the other posts suggesting there is more to this than we currently know.

[Sawbonz 27578]

6 hours ago, Nice Guy Eddie said:

I question her parenting skills if she kicks an 8 year old out of a car and tells him to walk home. According to a pediatric board, kids shouldn’t walk home from school alone until they’re 10.

Is it child endangerment? I guess I would need to see the route and understand if the kid really knows the route home. just because the convicted mom says everything was fine, who knows. 

How old does the pediatric board say you have to be to walk to the convenience store and buy your mom a pack of smokes?

[Born to Run 6569]

How old does the pediatric board say you have to be to walk to the convenience store and buy your mom a pack of smokes?

I did just that in the 80s, in 5th grade with my mom's hand written note. Scored a couple Topps 87 wood grain baseball cards bitches. Didn't pilfer any from that pack of heaters. Did from another pack a few years later and turned green.

[Superhero 8830]

13 hours ago, NotActuallyALonghorn said:

Her kids are named Aiden, Liam, and Declan? Sounds like child endangerment just giving them those names to me.

Without even looking at any photos, I'm gonna say white people. Amirite?

[mchookem 16336]

interesting and topical...just saw my new governor (Polis) on Real Time and this law was mentioned, had to look it up and it made me think of this thread. i mean it's insane it had to be codified in law in the first place, but kudos to Colorado for some common sense 🤘

https://www.denverpost.com/2022/03/31/colorado-reasonable-independence-for-children-neglect/

Quote

 

Kids will be able to play outside by themselves without parents worrying that it will be grounds for neglect under a law signed by Gov. Jared Polis on Wednesday afternoon.

House Bill 1090, titled Reasonable Independence For Children, tightens up what the state considers neglect. When it takes effect this summer, it will no longer be considered neglect if a “reasonable and prudent parent” or guardian finds their children mature enough to travel to school or nearby stores or recreation centers, play outside or stay at home by themselves.

 

 

[JesusSweatDuck 17784]

17 hours ago, 'stache said:

Yup, this also makes me immediately suspicious.

"Ms Wallace’s sister Britt has set up a GoFundme page to help ease their financial burden."

I'm personal friends with Britt. It's not bullshit and the Go Fund Me is because she lost her job as a child sleep specialist because she can no longer work with children due to the guilty plea. 

 

They had to sell their home to cover legal fees and her "record" makes it hard to find a rental in a good area.  It's just all sorts of fucked up

[JesusSweatDuck 17784]

12 hours ago, blacklab said:

Just checked on google maps and I walked 1.1 miles to and from my elementary school from 1st to 5th grade.

Seemed like it was ten miles.

In Leander ISD if you live within 2 miles of your school there is no bus service even for elementary.

[BabaYaga 15301]

Middle school.  Grew up on the east side of I35 & 38th 1/2

Pissed my dad off, because, it's me and I was in the band playing the fucking baritone in 7th grade.  So he tells his little shit son he better get his ass walking to Kealing MS.  So I'm this scrawny little shit lugging this giant baritone and my backpack all the way to school.  

Shit happens

[Jkwellborn 6708]

Just checked and I live .4 miles from the elementary. My 8 ye old son always wants to walk home but I won’t let him. Not because he can’t, but because people play on their phones and drive like fools right there.

I doubt the lady drove off and didn’t keep an eye on him to an extent.

[TornACL 7705]

17 hours ago, NotActuallyALonghorn said:

Speaking of, I'm thinking of starting a site called goat fund me where you can raise money to have goats delivered to a person of your choosing.

Sounds like a better business plan than Goatse Me.

[Bama Chick 28596]

For some unknown reason, federal law enforcement, in particular, has been babbling about human and sex trafficking for a number of years quite preceding and likely fueling the Q nonsense.  Maybe they're angling to get some of our allies, where it may really be more of a problem, to take it more seriously by emphasizing it domestically.
You may have noticed that every chickenshit prostitution sting these days has some kind of TrAfFicKiNG angle to it anymore.

Meh it’s just another cop money grab for funding and a super scary buzzword to use and it targets some easy “nobodies” - prostitutes and immigrants.

[TornACL 7705]

21 hours ago, crash_davis said:

Holy fucking shit. I can't even...

 

https://www.independent.co.uk/news/world/americas/texas-child-protective-services-waco-heather-wallace-b2226799.html

“At the time we didn’t know anything about (child protective services) or what we should or shouldn’t agree to do,” Ms Wallace said.

She hired an attorney, who told her that if convicted she faced a minimum of two-years in prison and could be sentenced to up to 20 years.

“I wanted to fight the charges, but I didn’t really know what my rights were.”

Ms Wallace agreed to plead guilty and carried out a diversion programme which included 65 hours work at an early childhood centre.

 

Sounds like they hired a shitty attorney. If you didn't know what your rights are, or the repercussions of pleading guilty, it'd kinda be the lawyers job to walk them through that.

[Wally Fairway 5559]

This hits close to home - I feel for the trauma that the kid must have faced with that daunting walk.

Reminds me of the last time I got kicked out of school, actually it was before school even started (I will skip the details for now). And the group that was kicked out had to call their parents, mine told me to walk home, which was just over 4 miles. It was a bright sunny day, I walked with a couple of buddies, but had to do the last 2 miles by myself. Stopped and fucked around near the river when I hand to go over the bridge, and then I had to mow both my lawn and my grandparents lawn when I got home. Made $5 for the day, thought about seeing if I could get kicked again, but it was never the right day.
And looked how fucked up my life is, all because of that long and glorious walk

[Dahobbs 17625]

18 hours ago, 'stache said:

I ain't paying for the documents, but here's the docket. Nothing reflecting a guilty plea. Maybe deferred sentence pending community service? I would think that would be a separate docket entry, but maybe not. Either way, the article contains lies based solely on this docket sheet. In fact there was a motion to dismiss filed last month. You can't move for dismissal if you already plead guilty and were sentenced.

 

If it was a deferred adjudication and she finished the terms of her deferred adjudication, isn't that exactly what you'd expect? What is odd is that her attorney didn't advise her of the risk of it effecting her job if she did deferred adjudication. I really can't imagine a jury actually finding her guilty of anything based on the information we have. Here is the relevant portion of the penal code:

Quote

 

Sec. 22.041. ABANDONING OR ENDANGERING CHILD. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.

(b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm.

(c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.

* * *

(d) Except as provided by Subsection (e), an offense under Subsection (b) is:

(1) a state jail felony if the actor abandoned the child with intent to return for the child; or

(2) a felony of the third degree if the actor abandoned the child without intent to return for the child.

(e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment.

(f) An offense under Subsection (c) is a state jail felony.

[other sections omitted]

 

Based @JesusSweatDuck's representation that this isn't incomplete bullshit, what it seems like happened here is that cops set her up a bit. From the original article:

"When he inquired if she would allow her children to walk home again now that she had been informed about sex traffickers, she was arrested, handcuffed behind her back and put in the back of a patrol car as her three kids watched on."

This seems like an attempt to manufacture an offense under section (e) above. The cop told her that there was trafficking occurring in the area and asked whether she would do the same thing again. She said yes (presumably not thinking it was a big deal I guess?). And then the cop arrested her based on abandoning a child under circumstances [SCARY CHILD TRAFFICKING!] that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment.

I still don't think a jury would convict. But then again, Waco, so who the fuck knows. 

[Kennythetiger 9389]

1 hour ago, BabaYaga said:

Middle school.  Grew up on the east side of I35 & 38th 1/2

Pissed my dad off, because, it's me and I was in the band playing the fucking baritone in 7th grade.  So he tells his little shit son he better get his ass walking to Kealing MS.  So I'm this scrawny little shit lugging this giant baritone and my backpack all the way to school.  

Shit happens

Throw that fucking sax in the ditch and tell your dad you got mugged. 

[RockyMountainHighHorn 890]

I simply clicked on this post to write “yes” to the original question. We have lost our minds. Carry on. 

Edited November 18, 2022 by RockyMountainHighHorn

['stache 21819]

5 hours ago, JesusSweatDuck said:

I'm personal friends with Britt. It's not bullshit and the Go Fund Me is because she lost her job as a child sleep specialist because she can no longer work with children due to the guilty plea. 

 

They had to sell their home to cover legal fees and her "record" makes it hard to find a rental in a good area.  It's just all sorts of fucked up

 

2 hours ago, Dahobbs said:

If it was a deferred adjudication and she finished the terms of her deferred adjudication, isn't that exactly what you'd expect? What is odd is that her attorney didn't advise her of the risk of it effecting her job if she did deferred adjudication. I really can't imagine a jury actually finding her guilty of anything based on the information we have. Here is the relevant portion of the penal code:

Deferred adjudication is not a guilty plea. It's literally meant to avoid the ramifications of a guilty plea or conviction. She might have been precluded from working at a school during the deferred adjudication period, but when it's over, the case is dismissed, and there is no criminal record. Again, the purpose of deferred adjudication is to avoid a permanent conviction that would prevent people from certain lines of employment, like schools in this instance.

I'm no cop apologist, far from it, and am more than willing to believe that cops can be corrupt or just incompetent, especially in Waco. But if the docket sheet I posted is correct, along with the above discussion of deferred adjudication, the "guilty plea" and "life is over forever" parts don't add up. Fucked up for sure and difficult as hell during the deferred adjudication period, but the repeated use of the term "guilty plea" isn't accurate based on the case number and docket that were posted.

Edited November 18, 2022 by 'stache

[Brisketexan 105154]

1 minute ago, 'stache said:

I'm no cop apologist, far from it, and am more than willing to believe that cops can be corrupt or just incompetent. But if the docket sheet I posted is correct, along with the above discussion of deferred adjudication, the "guilty plea" and "life is over forever" parts don't add up. 

This.  The story doesn't add up, at all.  And again, NOT absolving the cops, DA, or the general stupidity of "sex trafficking!" panic in Waco.  It just doesn't add up, not even close.

[Jiggy-Z 3432]

12 hours ago, Armybrat said:

I walked .5 miles across a former parade ground to a Catholic parochial school.

 

Well then, I guess you're up shit creek.

[crash_davis 23113]

JesusSweatDuck has the inside story. I'm guessing he doesn't want Surly to gang rape the family by providing more insights.

[Pig Bellmont 8719]

How much could the legal fees honestly be for something like that? Someone correct me if I’m wrong but I’d guess deferred adjudication required like 2 court appearances and some client interviews. $5-15k?

Its not like she went to trial and a lengthy appeal. Claiming to lose your house for legal fees here feels scammy with the simultaneous pimping of the gofundme 

[MAROON 445]

many moons ago, but my entire neighborhood of kids walked to the local elementary school.  No bus service and parents basically said walk or ride your bikes.  Just checked - it was 0.7 miles from my house and we were in the front of the neighborhood.  So many walked a mile both ways.  None of us died or got kidnapped. Some did get their asses kicked by the older students, but they got their revenge on the younger students when they got older; so it all worked out in the end.

[Dahobbs 17625]

36 minutes ago, 'stache said:

 

Deferred adjudication is not a guilty plea. It's literally meant to avoid the ramifications of a guilty plea or conviction. She might have been precluded from working at a school during the deferred adjudication period, but when it's over, the case is dismissed, and there is no criminal record. Again, the purpose of deferred adjudication is to avoid a permanent conviction that would prevent people from certain lines of employment, like schools in this instance.

I'm no cop apologist, far from it, and am more than willing to believe that cops can be corrupt or just incompetent, especially in Waco. But if the docket sheet I posted is correct, along with the above discussion of deferred adjudication, the "guilty plea" and "life is over forever" parts don't add up. Fucked up for sure and difficult as hell during the deferred adjudication period, but the repeated use of the term "guilty plea" isn't accurate based on the case number and docket that were posted.

Right, but in order to get deferred adjudication, you do in fact have to plead guilty. The judge then gets to decide that deferred adjudication is in the defendant's and society's best interest. From a lay person's perspective, I certainly could see why she would think of it as a guilty plea (because, you know, she would have had to do that). After the probationary period is complete, the case is dismissed. So, a motion to dismiss under this circumstance is exactly what I would expect to see. That's all I'm saying here. Her story doesn't seem incongruent with that docket sheet. 

And while there is no permanent conviction on the file, unless a non-disclosure order is entered (which, to my understanding, she wouldn't be eligible for based on the offense), a record still exists of the deferred adjudication. And the fact that she received deferred adjudication can be used against her for licensing purposes:

Art. 42A.111. DISMISSAL AND DISCHARGE (https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm)

Quote

(d) For any defendant who receives a dismissal and discharge under this article:

(1) on conviction of a subsequent offense, the fact that the defendant previously has received deferred adjudication community supervision is admissible before the court or jury for consideration on the issue of penalty;

(2) if the defendant is an applicant for or the holder of a license under Chapter 42, Human Resources Code, the Department of Family and Protective Services may consider the fact that the defendant previously has received deferred adjudication community supervision in issuing, renewing, denying, or revoking a license under that chapter;

* * *

(4) if the defendant is an applicant for or the holder of a professional or occupational license or certificate, the licensing agency may consider the fact that the defendant previously has received deferred adjudication community supervision in issuing, renewing, denying, or revoking a license or certificate if:

   (A) the defendant was placed on deferred adjudication community supervision for an offense:

         * * *

            (iv) related to the activity or conduct for which the person seeks or holds the license;

(B) the profession for which the defendant holds or seeks a license or certificate involves direct contact with children in the normal course of official duties or duties for which the license or certification is required; or

(C) the defendant is an applicant for or the holder of a license or certificate issued under Chapter 1701, Occupations Code.

 

 

33 minutes ago, Brisketexan said:

This.  The story doesn't add up, at all.  And again, NOT absolving the cops, DA, or the general stupidity of "sex trafficking!" panic in Waco.  It just doesn't add up, not even close.

I agree it doesn't seem like we have the fully story. But the added detail on that specific question by the cop (would she still let her child walk knowing about "sex trafficking") has my spider sense tingling for police overreach. I think this may end up being a very good example of why you should never talk to the police. 

[Dahobbs 17625]

I also can confirm they sold their house earlier this year and purchased 3 unimproved lots in McLennan County (total of 42,000 sqft). 

[SquishMitten 10415]

19 hours ago, blacklab said:

Just checked on google maps and I walked 1.1 miles to and from my elementary school from 1st to 5th grade.

Seemed like it was ten miles.

Got me thinkin so I looked it up. I had to walk .4 miles to the dang school bus stop. So AISD actually forced this apparent child endangerment on me. Anybody know the SOL on that? I demand reparations! 

[NeverMarryAStripper 21907]

3 hours ago, Kennythetiger said:

Throw that fucking sax in the ditch and tell your dad you got mugged. 

A sax is cool (not a baritone sax, though, those are for the losers that couldn't play well enough for alto or tenor).  A baritone is not a sax.

[Brisketexan 105154]

29 minutes ago, Dahobbs said:

I also can confirm they sold their house earlier this year and purchased 3 unimproved lots in McLennan County (total of 42,000 sqft). 

So.....they're using the dramatic telling of their story and Gofundme to swindle folks out of supporting their next move?  THAT....is where this story may start to make sense.

[SquishMitten 10415]

2 hours ago, 'stache said:

 

Deferred adjudication is not a guilty plea. It's literally meant to avoid the ramifications of a guilty plea or conviction. She might have been precluded from working at a school during the deferred adjudication period, but when it's over, the case is dismissed, and there is no criminal record. Again, the purpose of deferred adjudication is to avoid a permanent conviction that would prevent people from certain lines of employment, like schools in this instance.

I'm no cop apologist, far from it, and am more than willing to believe that cops can be corrupt or just incompetent, especially in Waco. But if the docket sheet I posted is correct, along with the above discussion of deferred adjudication, the "guilty plea" and "life is over forever" parts don't add up. Fucked up for sure and difficult as hell during the deferred adjudication period, but the repeated use of the term "guilty plea" isn't accurate based on the case number and docket that were posted.

This was my initial thought as well, but the more I think about it, the more I'm questioning it. If I'm in the position where I'm having to leave my child alone with a stranger outside of my supervision, such as a sleep center, I would hope that the hiring requirements at such a place would be "you have never been found guilty of OR plead "no contest" to a charge of child abuse, endangerment, etc." 

[Dahobbs 17625]

8 minutes ago, Brisketexan said:

So.....they're using the dramatic telling of their story and Gofundme to swindle folks out of supporting their next move?  THAT....is where this story may start to make sense.

Maybe. The appraised value (appraisal district) of those lots is $9,000 each. I'm not sure it was a big investment. 

[JesusSweatDuck 17784]

2 hours ago, 'stache said:

 

Deferred adjudication is not a guilty plea. It's literally meant to avoid the ramifications of a guilty plea or conviction. She might have been precluded from working at a school during the deferred adjudication period, but when it's over, the case is dismissed, and there is no criminal record. Again, the purpose of deferred adjudication is to avoid a permanent conviction that would prevent people from certain lines of employment, like schools in this instance.

I'm no cop apologist, far from it, and am more than willing to believe that cops can be corrupt or just incompetent, especially in Waco. But if the docket sheet I posted is correct, along with the above discussion of deferred adjudication, the "guilty plea" and "life is over forever" parts don't add up. Fucked up for sure and difficult as hell during the deferred adjudication period, but the repeated use of the term "guilty plea" isn't accurate based on the case number and docket that were posted.

Here's another article, it doesn't mention deferred adjudication, and also states she had to admit guilt.  Also mentions trying to get the record expunged.  Calls it a "pretrial diversion program."  This is where I don't know the differences TBH

 

Edit: Forgot to include the article - https://reason.com/2022/11/16/suburban-mom-jailed-handcuffed-cps-son-walk-home/

 

Edited November 18, 2022 by JesusSweatDuck

[JesusSweatDuck 17784]

1 hour ago, Dahobbs said:

Right, but in order to get deferred adjudication, you do in fact have to plead guilty. The judge then gets to decide that deferred adjudication is in the defendant's and society's best interest. From a lay person's perspective, I certainly could see why she would think of it as a guilty plea (because, you know, she would have had to do that). After the probationary period is complete, the case is dismissed. So, a motion to dismiss under this circumstance is exactly what I would expect to see. That's all I'm saying here. Her story doesn't seem incongruent with that docket sheet. 

And while there is no permanent conviction on the file, unless a non-disclosure order is entered (which, to my understanding, she wouldn't be eligible for based on the offense), a record still exists of the deferred adjudication. And the fact that she received deferred adjudication can be used against her for licensing purposes:

Art. 42A.111. DISMISSAL AND DISCHARGE (https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm)

 

I agree it doesn't seem like we have the fully story. But the added detail on that specific question by the cop (would she still let her child walk knowing about "sex trafficking") has my spider sense tingling for police overreach. I think this may end up being a very good example of why you should never talk to the police. 

 

 

[SquishMitten 10415]

47 minutes ago, Dahobbs said:

I also can confirm they sold their house earlier this year and purchased 3 unimproved lots in McLennan County (total of 42,000 sqft). 

 

17 minutes ago, Brisketexan said:

So.....they're using the dramatic telling of their story and Gofundme to swindle folks out of supporting their next move?  THAT....is where this story may start to make sense.

Nice spot of land also. .3 miles to a river, .65 to the lake. 

[Beau Vine 54254]

2 hours ago, Pig Bellmont said:

How much could the legal fees honestly be for something like that? Someone correct me if I’m wrong but I’d guess deferred adjudication required like 2 court appearances and some client interviews. $5-15k?

Its not like she went to trial and a lengthy appeal. Claiming to lose your house for legal fees here feels scammy with the simultaneous pimping of the gofundme 

[Beau Vine 54254]

23 hours ago, NotActuallyALonghorn said:

Speaking of, I'm thinking of starting a site called goat fund me where you can raise money to have goats delivered to a person of your choosing.

Won't someone think of the kids?

[Pato del Muerto 52524]

22 minutes ago, SquishMitten said:

 

Nice spot of land also. .3 miles to a river, .65 to the lake. 

Walking distance to both!

[Pig Bellmont 8719]

1 hour ago, Dahobbs said:

I also can confirm they sold their house earlier this year and purchased 3 unimproved lots in McLennan County (total of 42,000 sqft). 

They need cash to turn those into rental properties. 

[Pato del Muerto 52524]

When I was around 12, me and a couple of friends decided to walk out of town.  It was unbelievable. Got chased by a dog in a junkyard, got leeches on us at one point from going into the wrong water, and almost got stuck on a river bridge as a train came by.  Just crazy stuff. Anyway, we found the dead body and did some real growing up along the way. 

[BonzoMontreaux 1054]

2.2 miles RT a day when I was a lad of 10-11 on the mean streets of South Waco.  Not too mean really... South Waco... more like Robinson north of 340...

[Dbeasy 15068]

1.8 miles one way every day to Andrews Elementary and Pearce Junior High, across four lanes of 290 Highway traffic going 55-75 mph. Good times. 

[Sawbonz 27578]

7 hours ago, 'stache said:

 

Deferred adjudication is not a guilty plea. It's literally meant to avoid the ramifications of a guilty plea or conviction. She might have been precluded from working at a school during the deferred adjudication period, but when it's over, the case is dismissed, and there is no criminal record. Again, the purpose of deferred adjudication is to avoid a permanent conviction that would prevent people from certain lines of employment, like schools in this instance.

I'm no cop apologist, far from it, and am more than willing to believe that cops can be corrupt or just incompetent, especially in Waco. But if the docket sheet I posted is correct, along with the above discussion of deferred adjudication, the "guilty plea" and "life is over forever" parts don't add up. Fucked up for sure and difficult as hell during the deferred adjudication period, but the repeated use of the term "guilty plea" isn't accurate based on the case number and docket that were posted.

Unless it is expunged, won’t the arrest still show up on background checks?

[conVINCEd 21469]

.5 miles to the elementary school.  We walked and the moms took turns waiting for us where we crossed a semi-busy street.  That lasted a year or two then we were on our own with our bikes.

[TwiceHorn 31495]

11 hours ago, TornACL said:

Sounds like they hired a shitty attorney. If you didn't know what your rights are, or the repercussions of pleading guilty, it'd kinda be the lawyers job to walk them through that.

I will say that the statute leaves a lot to the jury, without having examined the case law for the offense and what limits there might be there. https://texas.public.law/statutes/tex._penal_code_section_22.041

So, the lawyer could have given decent advice as to the potential penalty and the vagaries of conviction or acquittal, as well as the cost of trial.  The cost of securing a plea should not have been prohibitive, but trial probably 25-50k, which is probably prohibitive for most in Waco.

[Bevo 13579]

6 hours ago, BonzoMontreaux said:

2.2 miles RT a day when I was a lad of 10-11 on the mean streets of South Waco.  Not too mean really... South Waco... more like Robinson north of 340...

Can someone please tell me the Waco Christmas story again? It is one of my favorites this time of year.

[DalTxHornFan 3106]

51 minutes ago, Bevo said:

Can someone please tell me the Waco Christmas story again? It is one of my favorites this time of year.

Check out the Official 2022 Bitch about family post #85

Edited November 19, 2022 by DalTxHornFan

[HW1984 0]

On 11/17/2022 at 10:45 AM, Parliament said:

I'm pretty sure charges'll be dropped and the CPS employee reprimanded.":

Oh no.... they were dismissed after completing a program with community service. CPS closed the case and ruled out neglectful supervision. Criminal charges continued with an indictment.