Road Runner
2nd February 2011, 10:36 AM
A jury found a Rapid City area couple guilty on all counts of child abuse Friday afternoon after more than five hours of deliberations.
"I'm just really glad that the kids are going to be safe," Pennington County deputy state's attorney Tracey Decker said after the verdict.
Family members broke into tears when they heard the verdict. David Roney and Mary Jo Roney appeared stunned by the verdict.
David Roney, 53, and Mary Jo Roney, 41, were each found guilty of two counts of aggravated child abuse involving children under seven-years-old and one count of child abuse related to a child under the age of 18.
The couple's three young sons were taken from school and a baby sitter in December 2009 by Pennington County authorities and the Department of Social Services after oldest boy told his teacher he was disciplined with a fan belt and a shock prod.
The boy was seven and his twin brothers were four-years-old when they were taken from the home.
The Roney's and family members have denied the allegations of abuse.
During closing arguments Friday morning Decker reminded the jury that an investigator from the Pennington County Sheriff's Office found fan belts in the house on either side of the couch where the 7-year-old said they were located.
Decker said the boy, now 8-years-old, had said during a forensic interview that the children were spanked with the belts for running in the house and taking food from the fridge.
The twins, who also testified, barely remember their older brother, but they remember the belts, Decker said.
"Why do they remember the belts? Because it happened."Decker said.
David Roney consented to let the investigator search his house and the camper where a cattle prod was found, defense attorneys told the jury.
The abuse the Roneys were charged with is supposed to have spanned a 17-month period dating from July 2008 to December 2009 when the boys were taken into protective custody.
Deputies were called to the Roney house in July 2008 by Mary Roney because the couples teenage son was out of control. Testimony on thursday included references to a pair of handcuffs that Mary Roney allegedly once used to restrain the teenager who brought a sledge hammer into the house in a fit of rage.
Scott Armstrong accused the prosecution of "casting a broad net of time" because there was no evidence as to when the abuse occurred and no physical evidence that the abuse occurred.
Armstrong noted that after telling his teacher that he was "zapped with a shock prod" the older boy had admitted to the sheriff's investigator that he "might have been zapped once when he was three years old...a "long time ago".
"When does a parent's right to discipline a child become child abuse," Armstrong asked the jury, suggesting that the Decker and co-prosecutor Jennifer Utter, wanted the jury to believe that anytime an object is used to discipline a child it is child abuse.
Flashing a 50-cent piece, Mary Jo Roney's attorney Paul Brankin suggested that the prosecution's case was built on a bruise on the outside of the 7-year-olds foot.
"An injury not as big as a 50-cent piece has generated six felonies,"Brankin said.
The cattle prod, that was not working when it was located, may have been used "years ago" outside the time frame of the charges, Brankin said.
"What evidence do we have that Mrs. Roney did anything," Brankin said. "I don't know. There's no physical evidence."
THe Roneys decision to ask "the system" for help with their teenage son was used against them in this case, Brankin said.
Decker responded to the defense arguments by telling the jury that the state did not have to show injury. The state does not need solid evidence.
"There is circumstantial evidence, "Decker said.
Evidence and the children's testimony that indicates they were struck on their hands and feet with a fan belt, she said.
Mary Jo Roney's attorney has said he will appeal the verdict.
http://www.rapidcityjournal.com/news/article_5ae2c97e-25be-11e0-ae81-001cc4c002e0.html
"I'm just really glad that the kids are going to be safe," Pennington County deputy state's attorney Tracey Decker said after the verdict.
Family members broke into tears when they heard the verdict. David Roney and Mary Jo Roney appeared stunned by the verdict.
David Roney, 53, and Mary Jo Roney, 41, were each found guilty of two counts of aggravated child abuse involving children under seven-years-old and one count of child abuse related to a child under the age of 18.
The couple's three young sons were taken from school and a baby sitter in December 2009 by Pennington County authorities and the Department of Social Services after oldest boy told his teacher he was disciplined with a fan belt and a shock prod.
The boy was seven and his twin brothers were four-years-old when they were taken from the home.
The Roney's and family members have denied the allegations of abuse.
During closing arguments Friday morning Decker reminded the jury that an investigator from the Pennington County Sheriff's Office found fan belts in the house on either side of the couch where the 7-year-old said they were located.
Decker said the boy, now 8-years-old, had said during a forensic interview that the children were spanked with the belts for running in the house and taking food from the fridge.
The twins, who also testified, barely remember their older brother, but they remember the belts, Decker said.
"Why do they remember the belts? Because it happened."Decker said.
David Roney consented to let the investigator search his house and the camper where a cattle prod was found, defense attorneys told the jury.
The abuse the Roneys were charged with is supposed to have spanned a 17-month period dating from July 2008 to December 2009 when the boys were taken into protective custody.
Deputies were called to the Roney house in July 2008 by Mary Roney because the couples teenage son was out of control. Testimony on thursday included references to a pair of handcuffs that Mary Roney allegedly once used to restrain the teenager who brought a sledge hammer into the house in a fit of rage.
Scott Armstrong accused the prosecution of "casting a broad net of time" because there was no evidence as to when the abuse occurred and no physical evidence that the abuse occurred.
Armstrong noted that after telling his teacher that he was "zapped with a shock prod" the older boy had admitted to the sheriff's investigator that he "might have been zapped once when he was three years old...a "long time ago".
"When does a parent's right to discipline a child become child abuse," Armstrong asked the jury, suggesting that the Decker and co-prosecutor Jennifer Utter, wanted the jury to believe that anytime an object is used to discipline a child it is child abuse.
Flashing a 50-cent piece, Mary Jo Roney's attorney Paul Brankin suggested that the prosecution's case was built on a bruise on the outside of the 7-year-olds foot.
"An injury not as big as a 50-cent piece has generated six felonies,"Brankin said.
The cattle prod, that was not working when it was located, may have been used "years ago" outside the time frame of the charges, Brankin said.
"What evidence do we have that Mrs. Roney did anything," Brankin said. "I don't know. There's no physical evidence."
THe Roneys decision to ask "the system" for help with their teenage son was used against them in this case, Brankin said.
Decker responded to the defense arguments by telling the jury that the state did not have to show injury. The state does not need solid evidence.
"There is circumstantial evidence, "Decker said.
Evidence and the children's testimony that indicates they were struck on their hands and feet with a fan belt, she said.
Mary Jo Roney's attorney has said he will appeal the verdict.
http://www.rapidcityjournal.com/news/article_5ae2c97e-25be-11e0-ae81-001cc4c002e0.html