Man kicks and chokes his pregnant wife.

I'd like opinions on the following indictment language. I'm presenting several cases on this topic to Grand Jury tomorrow. I've left out the 'did not voluntarily deliver the child to a designated emergency infant care provided... language for obvious reasons.

Did then and there intentionally, knowingly, recklessly, or with criminal negligence, engage in conduct that placed (Now Born Child's real name), a child younger than 15 years of age, in imminent danger of death, bodily injury, or physical or mental impairment, by choking (Mom) and kicking (Mom) while (Mom) was then and there pregnant with (Now Born Child's real name)

Why put the kitchen sink in the indictment as to mental state? If you have evidence it was intentional or knowing, then allege that mental state. Everything else (reckless or criminally negligent) is a lesser included anyway. By putting it all in there, who can tell what offense level you are charging?

Why use endangerment? What's wrong with injury to a child, a more straightforward statute.

I agree with you on the kitchen sink. I actually just had that conversation about ten minutes ago with another prosecutor here. Intentional and knowing isn't a problem, we're trimming to those two.

Actual injury is the problem. The mother has bruises on her neck and abdomen, but luckily the in utero child was unharmed. (Hence, endangering, not injury.) We've got Mom's hospital visit records from each night which show injury to Mom, and the doctor is going to say the injury to the mother endangered the child.

The child was born without complications. Mom is young, 17, and apparently rather resilient.

We're charging these two cases (two different nights) in conjuction with the 5 misdemeanor assaults on Mom that happened after the birth. (Only Mom was hurt.)

Mom came to us two months ago and said, 'protective order please'. We put her in the Denton County Shelter and are in the process of finally charging all the incidents from the last year. (The police were called on every charge, but the victim had been quite uncooperative until this past month. The arresting agencies didn't arrest the Defendant every time. Also, the charges weren't filed on any of the incidents because of poor decisions made by the patrol corporal.)

Defendant pled guilty to 3 misdemeanor charges yesterday. (Class A assaults on Mom.)

What do you think?

[This message was edited by Philip D Ray on 12-07-04 at .]

Has anyone carried one of these to trial? I'm set Monday. Baby was born apparently healthy; Mom wants case dismissed; Defendant admits assault on mom, but minimizes severity; No prenatal care or medical exam post assault; Expert (pre-natal RN) to testify hypothetically that second trimester trauma puts fetus at risk. Defendant has prior arrest for choking-out girlfriend, dismissed at comps request.

Any advice or insight would be greatly appreciated!