The first officer to arrive found the doors unlocked, a window open and the house strewn with clothes, trash and feces.
A pit bull roamed downstairs.
Upstairs, a 19-month-old boy stood on a small bed, crying.
Home alone.
A baby sitter was running late, and the toddler's parents, anxious to get to a Kid Rock concert, decided not to wait.
Those details emerged in court records and at the trial for the 21-year-old father, Aadam J. Morgan. He and his wife, Sandra, faced felony child neglect charges after the March 2008 incident in Portsmouth.
They wound up with misdemeanor convictions and no jail time.
It's a typical result in such cases. An analysis of 2008 court data by The Virginian-Pilot revealed that few parents charged with felony abuse or neglect spend much time in jail or prison. Of 62 defendants in South Hampton Roads circuit courts, nine ended up with more than six months to serve on child abuse and neglect charges.
Others had charges dropped, dismissed or reduced to misdemeanors with no time or with suspended sentences.
Prosecutors say the law sets a high bar for proving felony child abuse and neglect. If there is a conviction, sentencing guidelines call for probation for someone without a criminal record.
According to state law, to prove felony child abuse or neglect, prosecutors have to show that it was a "willful act or omission" that led to serious injury or that had the potential to lead to serious injury.
"Poor judgment does not necessarily equal a criminal act," said Linda Bryant, deputy commonwealth's attorney in Norfolk.
Felony child abuse or neglect is "more than being a bad parent," said Virginia Beach Deputy Commonwealth's Attorney Scott Vachris.
Aadam Morgan's lawyer had cited a state Court of Appeals decision that overturned a mother's conviction on felony child neglect and child cruelty. The mother had left home to visit a neighbor while her children slept. A gas stove was left on, and both children suffered serious smoke inhalation in a fire that ensued. The appeals court said the mother's actions had not been a "willful act" or done with "bad purpose."
When Morgan's trial came up early this year, there was some evidence that he had asked a neighbor to look in on the child until the sitter arrived.
His mistake was leaving before that neighbor showed up, said his lawyer, Barrett Richardson.
Various factors are considered in child neglect cases. Some parents are stressed or exhausted from work. Others have lapses in judgment or turn their backs for a minute. It can be a tough call for judges. When there are no injuries or related charges, judges often give parents the benefit of the doubt, prosecutors say.
"Parents come into court with no record, they're working and they can come across a lot better than say your average defendant," Vachris said.
The worst cases, including those that result in death, don't always show up in criminal statistics as child abuse. That's because defendants are sometimes prosecuted or convicted only on the most serious part of the crime.
The 2008 numbers, for example, do not include Tanika Durand, who was convicted in February of that year of second-degree murder for the smothering death of her 10-month-old son. Durand was sentenced to 17 years in prison.
They also do not include Aaron Bennet, who pleaded guilty in June 2008 to second-degree murder in the death of his infant daughter. He is serving a 20-year prison sentence.
Thirty-five children died as the result of child abuse between July 1, 2007, and June 30, 2008, according to the most recent report of the state's Department of Social Services. Eight of those deaths occurred in South Hampton Roads.
About 19 percent of the department's 3,857 founded investigations of child abuse and neglect occurred in the five-city area.
In Portsmouth, prosecutors go through all the Child Protective Services child neglect and abuse reports.
"Those cases are unfortunately like speeding cases," said Portsmouth prosecutor Andrew Kolp. "It's almost overwhelming how many there are."
They detail children living in poor conditions, sometimes without food or heat. Small children have been found wandering alone - sometimes blocks from their home, sometimes in traffic.
In one incident, concerned residents called police after seeing a toddler on the roof of a house. The child had crawled through a broken window next to the crib.
In another, a neighbor called 911 after hearing the 2-year-old twins in the apartment next door screaming in the shower for hours. Officers had to force open the door to wake the mother, according to court records.
In Virginia Beach, prosecutors saw a streak of cases in the past year that involved parents leaving their children to go out drinking. Some were tourists who were leaving their children in motels or hotels while they went bar hopping, Vachris said.
Even if they avoid jail in such cases, the actions of parents are scrutinized. Social workers are called in immediately when abuse or neglect is suspected and their first step is putting a safety plan in place, said Jackie Scott, chief social-work supervisor for services in Portsmouth.
They report their findings to Juvenile and Domestic Relations District judges, who decide custody. Foster care is a last resort, and the ideal goal for social workers is the reunification of the family, said Gail Heath, Child Protective Services program consultant for the Eastern Region of the state Department of Social Services.
Parents can be required to go through comprehensive psychological evaluation, counseling or family therapy. Higher-risk situations can result in ongoing family monitoring, Heath said.
The Morgans' son had been returned to them by the time their criminal case was resolved in court.
The judge found Aadam Morgan not guilty of the felony charge but guilty of a second charge of contributing to the delinquency of a minor. The misdemeanor includes acts that leave a child abused, neglected or in need of services.
Sandra Morgan later pleaded to the same misdemeanor. They got the same sentence: 12 months, with all time suspended conditioned on two years' good behavior.
They later declined interviews.
Aadam Morgan told the judge it was the "biggest mistake I ever made, and it's not one I'm going to make again."
Janie Bryant, (757) 446-2453 janie.bryant@pilotonline.com
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Child Alone
I think that CPS is over flooded with calls that are not ligitamate abuse concerns. Some people don't like how you raise your kids and call CPS to make you change even when it is not any of their business. This is coming from someone how has been harassed by family members by calling CPS to investigate, after the third time CPS got tired of coming out to my home. My kids were interviewed in School and seen daily in school by teachers if there was a major abuse problom someone would have noticed. I also agree that the authorities should be held to higher standards in court. I have had a police detective lie in court just to make the situation look worse on the parent. The detective got no punishment for lying in court. Years ago I had an Animal Control Officer in Portsmouth lie in court and the judge caught it and did nothing to reprimand the officer. The Police are wanting major stories so they try to call everything a felony when most cases are misdomeanors. Then the Police don't want to bother taking it to court on lower charges. We all need good neighbors to help us out and then CPS wouldn't get overburdened, offer to help someone instead of calling CPS when it is reasonable. I
friscobiscuit-no they did'nt do their job
Friscobiscuit, the father and mother where both brought up on civil charges for abuse and neglect. The father was found innocent and the mother was found guilty. Then, they brought the father up on criminal charges for abuse and neglect. He was found innocent again. All the mother got was a slap on the wrist and they never brought her up on criminal charges. NO!!!!!!!! They did not do their job!!!!!!
The real neglect was the pit bull
No one should own a pit bull expecially with children in the house. Pitbulls should be outlawed.
All Parents neglect
"Those cases are unfortunately like speeding cases," said Portsmouth prosecutor Andrew Kolp. "It's almost overwhelming how many there are."
This statement should really say that all parents could at some time be charged with neglect. It is good to see that that courts are getting it correct, that most cases of neglect are really lapses in judgement. Some with tragic consequences. Anyone can be a parent..no training, degree, or experience necessary. It is the only fulltime job you can get while in bed. It is unfortunate that some children may die as we all learn to be parents on our own. The death of the local extended family contributed greatly to parenting education.
It isn't the system that's wrong in Hampton Roads
I see most are condemning the CPS system here in the area. My daughter constantly copes with social workers from these offices. Why? Because she is a daycare provider and the first thing parents who don't want to pay for the service do when she files to take them to small claims court is file a false claim regarding the care they received with CPS.
Of course, they have to come out and investigate and they have on many occasions told my daughter it is a terrible waste of their time and agency resources to conduct these foolish investigations when they should be responding to legitimate calls concerning abuse and neglect.
My daughter can always tell the worker "who" filed the complaint (which is kept confidential unless you guess the party's name) and they always say, "Yes, how did you know?" and my daughter tells them: "Because this parent owes me money." Why she stays in this line of work is beyond me but she says it is the decent people who come to her for daycare that make up for the cheaters, liars and troublemakers. This is a big problem for daycare providers, people...that is why your CPS offices respond so slowly.
I know you won't agree because no one on here seems t
Felony
Steal something worth $200 and it is Grand Larceny, mistreat or abuse a child and it's a misdemeanor! Just like the guy who served jail time for killing a puppy yet the drunk driver who killed my father walked with probation our court system is a joke.
Sympathy on the loss of your father
and I agree with you. Since lawmakers are mostly lawyers, they will never make the DUI charges stiffer, because most of them do it, so do the judges. Most of the cases are decided in a bar before the trial even starts.
Re: Felony
I agree. The punishments meted out by the courts don't seem very sane to me. These creeps get a slap on the wrist, but someone who robbed people got five life terms, and I think the former is much more egregious!
If I were Kid Rock, these people would never attend another one of my concerts...
Guidelines
Years back, my child's parent and I were discussing childcare arrangements. The cost was exhorbitant and the other wanted step children (12 and 9) to watch our child all day to save money. I was adamantly against it. It was then that I made to decision to accept fiscal responsiblity for my child's safety. The cost was a burden for years but worth every penny. I also contacted the Portsmouth CPS to get the definative answer on leaving a child at home alone. The supervisor was very cautious in answering. He stated the 'guideline' was age 14. At the point many, not all, children were capable of taking care of themselves alone. That child would not be capable of caring for other children. When asked where this 'guideline' was I received no answer. Back to the point. There is only a 'guideline', no absolute. This is nothing more than an escape clause for CPS. Whether it is shortsightedness, neglect, or abuse there are children suffering at the hands of people that should have been sterilized a long time ago.
Immature, Irresponsible Parents
It is unbelievable that these two found attending a concert more important than the safety and emotional security of their child. Many have asked about the age of leaving children alone and I recall when living in Navy hsg. in San Diego, we were advised no child under age 10 was to be left alone. Not sure if it's still an existing rule. In today's world with child abductions and other heinous crimes against children, I look at my 9 yr. old grandson and I know 10 is too young. I think my vote is wait until they leave for college.
Kateet43483
It's been a few years, but I believe my cousin's wife (cousin is still active duty) said the new Navy age in base housing is 16 to be left alone.
I think that is a little
I think that is a little extreme. At 16 you can drive a car, get married, move out of home, hold a job, graduate high school...but you cannot stay home alone?
I looked at a website that lists legal age to be alone state by state, and it ranges from 8 (MD) to 14 (IL)... with most states having no age specified by law.
However, as a parent of three kids, I can state with certainty that maturity levels can range drastically between children and there really cannot be a "magic" number that fits all situations.
But, seriously? Leaving a toddler home alone under any circumstances is ridiculous and irresponsible.
My experience
Years past my 2.5 y.o. child came home from the other parent with a healing black eye. I took the child to the doctor. The doctor called Portsmouth's CPS after hearing the child was struck. CPS contacted the other parent with the complaint. CPS made arrangements to meet that parent (and companion) TWO WEEKS LATER! After that meeting, they said no sign of a black eye existed and the home was impeccable. IMAGINE THAT! Two weeks to heal and two weeks to clean up the house! CPS NEVER contacted the doctor after the initial report! CPS NEVER looked at the medical report or interviewed the doctor! Six months later CPS closed the case. Oh, CPS did offer up some advice though. I was to be absolutely sure nothing happened to the child in my custody. I was to have witnesses and photos of the child's condition at all times. Why? The CPS stated that most often the accused parent would counter with an alleged abuse of the child in retribution. Portsmouth's CPS is overwhelmed and worthless. What else would you expect in this city?
Something that happened to me...
When my oldest (now 29) was a toddler, she ran through the dining room, tripped, and hit her face on the corner of a chair. Result? Huge shiner.
Hmmm..
Who in my life is more important right this minute? My kid or Kid Rock? Such a difficult decision..
The police, the
The police, the commonwealth's attorneys office, and CPS, by your own admission, DID DO SOMETHING. The justice system did not give you the verdict you wanted, for WHATEVER reason. Maybe the abuse didn't happen, or maybe it did. DO NOT blame these agencies for doing their job. They DID. The point of the story is that the laws are not adequate for the system to be successful. Leave it at that.
sterilization?
Would it be unjust? I'm not sure. Discuss. Help me find my moral compass on this one.
friscobiscuit... It doesn't
friscobiscuit... It doesn't give you enough to tell the WHOLE story on here. To make things CLEAR.... We did NOT report anything, the child was taken to the hospital by his bio father because his bio mother didn't want to. CPS was then contacted and they removed him. CPS in their report even told NORFOLK the MOTHER was at fault and the guilty party after further research. The system failed this child in a way because they allowed this child's abuser to get away.
Norfolk
Ashleym, it sounds like you have a beef because the system didn't agree with every accusation you made. It also sounds like the police and prosecutors DID do something, as it mentions a trial that didn't turn out in your favor. If the judge HAD found the detective to be lying, HE/SHE would have been prosecuted. Please tell the whole story before posting flat out false information here. There are any number of reasons a small baby can have a broken bone, but you getting a better custody angle is not one of them.
More information
What are the laws for leaving kids home? How old do they need to be? How old do they have to be to watch other children? How many kids can they watch? I'm sure there are other facts or guidelines that could help parents make better decisions. The Pilot needs to give us that kind of useful information.