Thursday, January 28, 2016

State of Indiana vs. Mitchel Shue/Miranda Roberts



MEDIA RELEASE

Release:          Immediate
                        January 28, 2016


Lebanon, Boone County, Indiana – Prosecuting Attorney Todd J. Meyer announced today that
according to a Charging Information filed this afternoon in Boone Circuit Court, Mitchel Shue and Miranda Roberts were each charged with Neglect of a Dependent Child Resulting in Death, a Level 1 Felony.  Mitchel Shue was also charged with Maintaining a Common Nuisance, a Level 6 Felony; Possession of Marijuana, a Class B Misdemeanor; and Possession of Paraphernalia, a Class C Misdemeanor. 

These charges arise out of a joint investigation conducted by the Boone County Sheriff's Department and the Thorntown Police Department. 

The Criminal Information alleges that on or about January 20, 2016, while in the care and custody of his parents, Mitchel Shue and Miranda Roberts, baby D.S., who was 2 months of age, was placed in a situation that endangered his life and health in that Mitchel Shue and/or Miranda Roberts violently shook baby D.S. causing him to suffer multiple brain injuries. As a result of his injuries baby D.S. suffered a cardiac arrest, was revived by EMTs and transported to Peyton Manning’s Children’s Hospital at St. Vincent, where he again suffered cardiac arrest.  Medical personnel at Peyton Manning’s Children’s Hospital were again able to revive him and he was placed on life support.  Baby D.S. was declared brain dead on January 22, 2016 and was later removed from life support.  Baby D.S. died at Peyton Manning’s Children’s Hospital on January 23, 2016.  

“This case brings tears to my eyes” said Prosecuting Attorney Todd J. Meyer, “not only because of what happened to this baby and what he suffered through, but because it was absolutely preventable.”  “I know this happens, unfortunately, all too often, but I cannot for the life of me comprehend how someone could hurt a baby like this.”  “D.S. was a perfectly healthy 2 month old baby boy at his last doctor’s checkup a week or so ago and now he is gone from us.”  “The persons responsible for this baby’s death will be held accountable” said Prosecutor Meyer.

Prosecutor Meyer, who chairs Boone County’s Child Fatality Review Team and serves on the State’s Child Fatality Review Team, further stated that “there is help for parents or caregivers who find themselves in a situation where they are frustrated with an infant or child.”  Gretchen Martin, who is the Child Fatality Review Program Coordinator for the Indiana State Department of Health identified the following resources available to parents and caregivers:

  • Centers for Disease Control – Abusive Head Trauma website

  • National Center of Shaken Baby Syndrome program called the “Period of Purple Crying”

  • National Center on Shaken Baby Syndrome – Educational materials aimed at fathers/men who care for infants


“Through this tragedy, it is important for the public to know some facts about shaken baby syndrome and how it can be prevented,” said Prosecutor Meyer who further stated: “according to research in the area, crying is the #1 trigger for shaking, and the data shows that shaking occurs most often during the developmental period between 2 weeks and 3-4 months, when babies tend to cry the most and are hard to console.”

According to the CDC, abusive head trauma (AHT), which includes shaken baby syndrome, is a preventable and severe form of physical child abuse that results in an injury to the brain of an infant or child.  AHT is most common in children under age five, with children under one year of age at most risk. It is caused by violent shaking or blunt impact.  The resulting injury can cause bleeding around the brain or on the inside back layer of the eyes.  Nearly all victims of AHT suffer serious, long-term health consequences such as vision problems, developmental delays, physical disabilities, and hearing loss. At least one of every four babies who experience AHT dies from this form of child abuse.  Research shows that AHT often happens when a parent or caregiver becomes angry or frustrated from a child’s crying. The caregiver then shakes the child, hitting or slamming the child’s head into something in an effort to stop the crying.
Crying—including long bouts of inconsolable crying—is normal behavior in infants. Shaking, throwing, hitting, or hurting a baby is never the right response to crying.

How Can Abusive Head Trauma Be Prevented?
You can play a key role in preventing AHT by understanding the dangers of violently shaking or hitting a baby’s head into something, knowing the risk factors and the triggers for abuse, and finding ways to support parents and caregivers in your community.

If you are a parent or caregiver
           Understand that infant crying is worse in the first few months of life, but it will get better as the child grows.
           Try calming a crying baby by rocking gently, offering a pacifier, singing or talking softly, taking a walk with a stroller, or going for a drive in the car.
           If the baby won’t stop crying, check for signs of illness and call the doctor if you suspect the child is sick.
           If you are getting upset or losing control, focus on calming yourself down. Put the baby in a safe place and walk away to calm down, checking on the baby every 5 to 10 minutes.
           Call a friend, relative, neighbor, or parent helpline for support.

If you are a friend, family member, or observer of a parent or caregiver
           Be aware of new parents in your family and community who may need help or support.
           Provide support by offering to give a parent or caregiver a break when needed.
           Let the parent know that dealing with a crying baby can be very frustrating—especially when you are tired or stressed, but infant crying is normal and it will get better soon.
           Encourage parents and caregivers to take a calming break if needed while the baby is safe in the crib.
           Be sensitive and supportive in situations when parents are trying to calm a crying baby.

Prosecutor Meyer added: “If you find yourself in a situation where you don’t think you’re in a condition to continue to watch after an infant or child, step out of the room and take a 3 minute break to collect yourself, pick up the phone, call one of the numbers referenced in the websites above, make a call to a friend, a family member or a  neighbor, do anything that will keep you and your baby safe, don’t let your frustration cause you to do any harm to the infant or child you are caring for.”

If convicted of the Child Neglect Resulting in Death charges, each of the Defendants face a maximum penalty of 40 years in prison and a $10,000 fine.  Shue also faces an additional 3 years in prison and an $11,500 fine if convicted of the drug charges. 

Shue and Roberts were both taken into custody on Tuesday, January 26, 2016 and are being held without bond at the Boone County Jail pending their initial hearings.  An initial hearing on the Charges will be scheduled before the Honorable J. Jeffrey Edens, Judge of the Boone Circuit Court later this week. 

This investigation is active and ongoing.

The Charging Information is an allegation only, and the defendants are presumed innocent unless and until proven guilty at trial or by guilty plea.

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