Post by KC on Jul 29, 2006 21:26:11 GMT -5
Deputy's children in custody of ex-wife
July 29, 2006 - The ex-wife of the Calhoun County chief sheriff's deputy killed in a traffic crash last month was allowed to take the couple's two children back to Kentucky, despite pending charges against her of criminal abuse and wanton endangerment of children.
Officer Brian K. Gibbons, 33, died June 12 of injuries he suffered during a crash while on duty near Michael. He had gained custody of his two children after his ex-wife, Misty L. Musser, was charged with 20 counts of first-degree criminal abuse and one count of first-degree wanton endangerment last year in Graves County, Ky.
Musser moved their daughter, Brianna, 6, and son, Justin, 13, back to Mayfield, Ky., after Gibbons' funeral.
A close friend of Gibbons, who did not want to be identified, said he is concerned about the children's welfare.
"I'm worried about them and their safety," the man said. "I've tried calling them since they went back to Kentucky to see how they are doing, but I've not been allowed to talk to them."
He said the reasons for his concern include the circumstances in which Musser regained custody. He also claimed that when Musser was in Illinois for Gibbons' funeral, she tried taking possession of items that did not belong to her. He said Musser wanted to take Gibbons' truck back to Kentucky with her but was promptly told by authorities that she couldn't.
"She thought she could just take it," he said.
Musser was arrested in October 2005 after allegations surfaced that employees abused children at the day care center she owned, Bear Hugs in Mayfield, Ky. Some of the alleged victims were as young as 1 and 2 years old.
Musser pleaded not guilty to the charges. The Graves County Circuit Court docket shows that Musser's court trial is scheduled for Jan. 8. Each of the counts carries a 5- to 10-year prison sentence. Musser since has sold the day care center and no longer is involved with it, authorities said.
Deputy Allen Poole of the Graves County Sheriff's Department told The Telegraph he also is concerned about the situation. He said that when he learned that Musser's ex-husband had been killed in the line of duty, he figured she would regain custody of their children.
Poole said the charges against Musser primarily stem from the alleged actions of her employees. He said the key evidence in the case is the day care center's own surveillance tapes. He said the tapes showed violent acts, such as workers throwing rubber balls at the children and knocking them down. He said another allegation is that an autistic child was restrained improperly.
"A lot of the charges against (Musser) are because of her employees and what they were allowed to do to the children," Poole said.
Musser was not seen abusing children on any of the tapes, he said.
One of the workers reportedly admitted hitting a 16-month-old boy in the face with a rubber ball. She was charged with 12 counts of first-degree criminal abuse. A second employee was charged with 14 counts of first-degree criminal abuse.
Musser's attorney, Royce Buck, also of Mayfield, said he would not comment on whether his client knew of the alleged abuse at the day care center. He declined comment about the other facts of the case. When asked whether his client was a good mother, he said that had "nothing to do with her defense."
Musser's family, who spoke to television reporters from Lexington, Ky., said she wasn't aware of any wrongdoing at the day care center.
However, one father, Mark Shelton, who also talked with the Lexington media, disputed that. He said he watched nine surveillance tapes and saw two female day care workers beating his little girl.
"They hit my 18-month-old in the head with a broomstick, broom handle, grabbed her arm, which I'm surprised it didn't pull it out of socket, then threw her into a table and chairs," Shelton said. "The one worker strikes my daughter with a broom; the owner of the day care is standing there watching it."
Attorney Richard Ringhausen, whose offices are in Jerseyville and Hardin, is representing Gibbon's estate. He said he was not sure about the allegations or charges against Musser. He said it's not uncommon, however, for a parent to regain custody of children after the death of a custodial parent.
"Just because you are charged with something doesn't mean you're guilty or it affects your custody rights," Ringhausen said.
Gibbons' friend said another reason for his concern is that the children are the sole heirs of their father's estate and stand to inherit everything, which includes more than $200,000 in death benefits. He said he has learned since the children returned with their mother that her new husband is seeking to adopt them.
"What happens if she's convicted?" he said. "Does he get them? They have family here who love them and would love to be with them."
Ringhausen said that probate court does not get involved in custody issues; however, if someone such as a family member wanted to file for guardianship, they could.
www.zwire.com/site/news.cfm?newsid=16982752&BRD=1719&PAG=461&dept_id=25271&rfi=6