Jesse Vang (Photo courtesy Manitowoc County Sheriff's Office)
MANITOWOC, WI (WTAQ-WLUK) – The man who Elijah Vue was staying with when he disappeared asked on Monday for his child neglect charge to be dismissed. Also, an attorney has been appointed for Jesse Vang, which should allow the case to resume.
Vang, 39, faces one count of being party to neglecting a child. He has not been charged in connection with the disappearance of Vue, 3, who was last seen on Feb. 20. He returns to court Thursday for a preliminary hearing.
Vue’s mother, Katrina Baur, faces four charges, including two child neglect counts. She returns to court Friday for an arraignment.
The motion filed by attorney Timothy Hogan argues the criminal complaint isn’t specific enough in its allegations against Vang.
“Upon reading the criminal complaint, it is unclear as to what behavior Mr. Vang is alleged to have engaged in that would be considered a failure to provide necessary care. Is the state alleging that Mr. Vang having the alleged victim stand for one to three hours in time out a failure to provide necessary care? Is the state alleging that Mr. Vang changing the alleged victim’s diaper at least once per day a failure to provide necessary care? Is the state alleging that Mr. Vang locking the front door (with the lock on the doorknob, the dead bolt, and security chain) and going to sleep while the alleged victim was in a time out a failure to provide necessary care? In short, the complaint fails to provide sufficient notice to Mr. Vang as to the alleged neglectful action that would allow him to plead and prepare a defense. In order to provide Mr. Vang with sufficient notice, the state must make the criminal complaint more definite and certain as to what behavior Mr. Vang is alleged to have done that would be considered a failure to provide necessary care,” Hogan wrote.
“Moreover, the criminal complaint also fails to allege sufficient facts from which it can be inferred that Mr. Vang committed the offense with which he is charged. In order to establish probable cause for a count of Neglecting a Child, the complaint must allege that Mr. Vang’s failure to provide necessary care seriously endangered the physical, mental, or emotional health of the child, and that the natural and probable consequence of his neglect would be death, great bodily harm, a child sex offense, emotional damage, or bodily harm. The complaint fails to set forth essential facts from which it can be inferred that the child’s physical, mental, or emotional health was seriously endangered. How was the child’s health seriously endangered? In addition, how was the natural and probable consequence of any of Mr. Vang’s alleged conduct death, great bodily harm, a child sex offense, emotional damage, or bodily harm? The complaint fails to answer these questions and therefore does not provide probable cause to believe Mr. Vang committed the offense charged,” he added.
Hogan asks that prosecutors either make the criminal complaint more definite, or dismiss the charge altogether.
Prosecutors have not responded to the motion. The motion to dismiss is not currently on the court’s calendar.
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