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Domestic Violence, Drug Charges, and Kidnapping

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  • 10-07-2006, 08:20 PM
    Goose
    Domestic Violence, Drug Charges, and Kidnapping
    My neice has been living with her boyfriend for 2+ years with her two children ages 2 & 5. He ever so slowly started taking control of her life and now controls her every thought. He is very violent, and has been awoken to a gun that was being held to her head. He told her that he could kill her and then himself. He has given her a black eye, bruises on her back verbally and mentally abuses her. The police have been called out but when they arrive she lies and say that nothing happened and so they leave. However, the last time they were called there was a witness who saw the attack and called the police and even though she once again said that nothing happened he was arrested and charged with domestic violence. Is it considered pre-meditated attempted murder if her boyfriend said that he was going to kill her, got up from the couch, closed the front door of their apartment and then proceeded to choke her until she was unconscious?. If the witness had not been listening and had not barged through the front door he probably would have made good on his threat because he was choking her right in front of her 5 year old child when the witness entered the apartment. Department of Children and Families was called out the next day and a report was written. I was there for the interview and heard and saw the following events as they occurred: DCF wanted to inspect the conditions of the apartment and proceeded to walk around and enter each room. In the master bedroom on the dresser was a safe and once opened it contained approx 8 ounces of marijuana and a scale. My neice signed a statement that it was not hers and that her boyfriend was the sole owner of it. His bond was set very low for the dv and was bailed out of jail the next day. A few days later he was charged for the drugs. He was suppose to turn himself in to the police this past Tuesday. There was also a no contact order that was suppose to prevent him from coming within 500 feet of her that he violated from day one. I jhappened to be driving by and saw him near her apartment and called the police and then called my neice to inform her that I was calling DCF because the conditions of her keeping custody of the kids was to have zero contact with him. That was the Saturday before he was to turn himself in on the following Tuesday. After I got off the phone with my neice she called a friend of hers who said that she heard her telling him to get out of the car that he was going to make her lose her kids. He said "no, these are the last moments that we're going to be together". She placed another call to her sister who stated that she heard her ordering him out of the car too. The children, she and her boyfriend are now on the run with just the clothes on their backs and are believed to be in the Houston, TX area. Florida called Texas to issue an amber alert but Florida was told that it had to be initiated here. The FL detective was getting the run around and issued a nationwide missing persons bulletin that was suppose to go out to all the police stations and patrol cars, called the Police station in Houston, TX that they are believed to be in. Got in contact with Kidsnet who he says was livid that TX did not activiate the amber alert and would be calling Tallahassee the following day. In the meantime an emergency hearing was ordered and custody was taken away from my neice. Charges now include kidnapping for she and the boyfriend. Why is she being charged with kidnapping when she at the time had custody of the kids? Is there any kind of protection for her if she has been brainwashed due to the violent nature of his abuse and from the conversations doesn't sound like to me that she was a willing participant? As of today the amber alert has not been issued even though all five requirements are met. Does the FBI automatically get involved when they cross state lines or do they have to wait until FL tells them they need their help?
  • 10-07-2006, 08:29 PM
    aaron
    Re: Domestic Violence, Drug Charges, and Kidnapping
    If the children were in the custody of DCF, running away with the children could trigger kidnapping charges.

    Please break your posts into paragraps, as a huge block of text can be very difficult to read.
  • 10-07-2006, 08:45 PM
    Goose
    Re: Domestic Violence, Drug Charges, and Kidnapping
    Sorry, I'll write in paragraphs going forward.
    Getting back to one of my questions. Could it be considered pre-meditated attempted murder if her boyfriend said that he was going to kill her, got up from the couch, closed the front door of their apartment and then proceeded to choke her until she was unconscious?
  • 10-07-2006, 10:39 PM
    aaron
    Re: Domestic Violence, Drug Charges, and Kidnapping
    In Florida?
  • 10-08-2006, 08:07 AM
    Goose
    Re: Domestic Violence, Drug Charges, and Kidnapping
    Yes, Florida.
  • 10-08-2006, 08:29 AM
    aaron
    Re: Domestic Violence, Drug Charges, and Kidnapping
    The Florida statute defining criminal "attempts" is here; the statutes defining homicide are here.
  • 10-08-2006, 09:33 AM
    turbowray
    Re: Domestic Violence, Drug Charges, and Kidnapping
    I would imagine Goose, that she would be assumed to be a party of the kidnapping, unless they caught them all, and she stated that she went along with it for the safety of the children. She will be questioned, and they will determine wether she was working with the boyfriend, or if she was threatened into going with him with the kids. IF she has the opportunity to run away with the kids, and she does not, she may have a more difficult time to prove this. I would try to get ahold of the man from americas most wanted, and see if he can do a segment on them, to find them sooner. He may, since he is an advocate for the Amber alert, be the one to get it started. Since he stated that these are going to be the last few moments of us together, he may have meant that he is/was going to kill her and himself, as he said before, so she went with him, to stop him from doing that. Good luck to you! I will pray for all of you!
  • 10-08-2006, 01:43 PM
    Goose
    Re: Domestic Violence, Drug Charges, and Kidnapping
    Thanks for the reply Turboway. I have wondered if we could contact america's most wanted to see if we could enlist their help. Should I contact the local detective that is working the case to ask him about it or just contact them without their knowledge? I have more information that I haven't included on this website out of fear that the boyfriend may by some weird coincidence find this website and learn things about the case that we don't want him to know.
  • 10-08-2006, 07:43 PM
    Goose
    Re: Domestic Violence, Drug Charges, and Kidnapping
    Thank you for the links Aaron. Would I be jeopardizing or overstepping the detective assigned to the case if I contacted America's Most Wanted?
  • 10-09-2006, 08:02 PM
    turbowray
    Re: Domestic Violence, Drug Charges, and Kidnapping
    Honey, I would think that the law would not mind the help, it would be one less case they have to deal with. You are not saying anything bad, you are just wanting there pictures on t.v to find them. If John Walsh finds that the law did something wrong with not starting the Amber alert, then the guy can be mad all he wants, I doubt he will tell John hes wrong.:)
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