Arizona girl, 2, left in car by father on 109-degree day and is found dead

[Herat]

Thank you for posting that video, at the very beginning the judge establishes who is there, and then asks whether The State will be making statements or asks, and they declined. I am not a lawyer, but, should it have been on the prosecution to request that he be taken into custody? They totally dropped the ball!

Again, sounds a lot like a quick plea bargain is in the work.

Can you get just probation for first degree murder and first degree child abuse?

 

[abyquinn]

I wonder if he even has a primary care physician at age 37. She may be taking care of his medical needs for incidental issues like antibiotics for infections, pain relievers ( could be a huge red flag) anti-anxiety meds or sleeping aids.

He should have had full drug and alcohol testing when arrested. Those results should be available by now and the judge and prosecution should have them.

Having an MD spouse would be a lot of help when needing a good PCP - for the rest of us finding one here is not easily done.

I’ve never been arrested so I don’t know what goes on when one is processed, is a drug & alcohol screening SOP?

 

[mickey2942]

Again, sounds a lot like a quick plea bargain is in the work.

Can you get just probation for first degree murder and first degree child abuse?

No. Conviction on a first degree murder charge is a mandatory minimum sentence of 25 years to life.

I wonder if the prosecution will just go with a guilty plea of negligent homicide. That still carries a year

Murder in Arizona law - Wikipedia

en.wikipedia.org

 

[Herat]

Having an MD spouse would be a lot of help when needing a good PCP - for the rest of us finding one here is not easily done.

I’ve never been arrested so I don’t know what goes on when one is processed, is a drug & alcohol screening SOP?

I would be shocked if drug and alcohol testing was not mandatory for the arrestee, even if it originally "presumed" to be an accident.

It certainly should be.

And the autopsy should also have done the proper testing for sexual assault.

 

[Herat]

No. Conviction on a first degree murder charge is a mandatory minimum sentence of 25 years to life.

I wonder if the prosecution will just go with a guilty plea of 3rd degree.

Murder in Arizona law - Wikipedia

en.wikipedia.org

3rd Degree Murder isn't on that list.

Negligent Homicide - 1 to 8 years in prison
Manslaughter - 3 to 12.5 years in prison
2nd Degree Murder - 10 to 22 years in prison
1st Degree Murder - Death*
- Life in prison without the possibility of parole
- Life in prison with the possibility of parole after 25 years

Of course, those are the sentences for poor people. People with spouses of means can hire lawyers and plea bargain all sorts of deal.

He darn well better get a sentence of multiple years in prison, and no early discharge.

 

[eishish]

<modsnip: Quoted post was removed due to no link>

I wonder if he was drug and alcohol tested that day.

I did read about the case of beer he stole while she was in car. Also in car at food store...

 

[Herat]

I did read about the case of beer he stole while she was in car. Also in car at food store...

It was not a case of beer. The reporter used the wrong term.

It was 2-3 beers by the LE account.

 

[eishish]

It was not a case of beer. The reporter used the wrong term.

It was 2-3 beers by the LE account.

Illegal and the theft, and most importantly Child in CAR. No sympathy for this imbecile, zero

 

[nighttimesleuth]

I understand your thoughts.. I still feel for her though.. This is a man she has had three children with, there must be something that binds them together. She's the bread winner, working long hours and likely doing more than her share when not working.

This is on the grown man.. the one that brought four children into the world and couldn't be bothered to keep them alive which should be the bare minimum.

He’s certainly the perpetrator. I still think she’s responsible for child neglect. It would be no different if I knew my babysitter was abusing my children and left them with the babysitter anyway.

Of course there are complexities when it’s someone you love & might feel tied to for other reasons.

 

[abyquinn]

Marana man charged with first degree murder, child abuse, appears in court

TUCSON, Ariz. (KVOA) — The Marana man charged with first-degree murder and child abuse after his two-year-old daughter died inside a hot car appeared in court.

www.kvoa.com

"Is it shocking that Scholtes remains out of custody with such significant charges against him?"

Not quite according to experienced Pima County criminal attorney Louis Fidel.

“It’s certainly not unheard of and it’s a decision each individual judge makes based on the totality of circumstances in that particular case," Louis Fidel said.

He says a judge’s main determining factors will be based on the likelihood they’ll return to court or are a danger to the community and will also consider the impact on the defendant's family like Scholtes’ wife and other children.

"Somebody who is charged with a crime is presumed innocent until proven guilty. It’s a very serious thing to hold someone in jail who has not been convicted," Louis Fidel said.

The Pima County attorney’s office did request a one-million bond during his initial appearance last month it was a judge that went against that request.

I reached out to the county attorney’s office today to ask why with these upgraded charges they didn’t attempt to seek a bond or take him into custody.

 

[LifeIsAMystery]

Marana man charged with first degree murder, child abuse, appears in court

TUCSON, Ariz. (KVOA) — The Marana man charged with first-degree murder and child abuse after his two-year-old daughter died inside a hot car appeared in court.

www.kvoa.com

"Is it shocking that Scholtes remains out of custody with such significant charges against him?"

Not quite according to experienced Pima County criminal attorney Louis Fidel.

“It’s certainly not unheard of and it’s a decision each individual judge makes based on the totality of circumstances in that particular case," Louis Fidel said.

He says a judge’s main determining factors will be based on the likelihood they’ll return to court or are a danger to the community and will also consider the impact on the defendant's family like Scholtes’ wife and other children.

"Somebody who is charged with a crime is presumed innocent until proven guilty. It’s a very serious thing to hold someone in jail who has not been convicted," Louis Fidel said.

The Pima County attorney’s office did request a one-million bond during his initial appearance last month it was a judge that went against that request.

I reached out to the county attorney’s office today to ask why with these upgraded charges they didn’t attempt to seek a bond or take him into custody.

I worry he may not serve any time, JMOOO. Wonder how the young kids who "told" on him to LE repeatedly are being treated? He really cleaned up well for court, even took out the lip jewelry. MHOO.

The wife's speech and $$$ for a lawyer really carried the day. Value to family? He earns no income and can't even purport to "provide child care." He witness tampers with the little girls and by court order cannot be alone with them. That order itself is impractical in a small home with young kids. It's really all the emotional plea of the wife. Her not working indefinitely seems impractical. When GJ raised charges I really thought it might matter. They heard the evidence, the hearing yesterday and bond hearing were both under 5 min. RIP Parker. Not even any ongoing alcohol monitoring, smh. JMOOO.

 

[shesfixingherhair]

It's really all the emotional plea of the wife. Her not working indefinitely seems impractical.

Oh, I don’t know about indefinitely. I wouldn’t be surprised if he suddenly feels like working again once his oldest turns 18.

 

[MissMalowe]

Just getting caught up on the latest happenings. I have no words about court yesterday.

Even putting his main crime aside, one has to wonder how drunk a person is/may be to go to a grocery store, (and presumably leave the child in the car there too) NOT purchase beer there, but to then go to a gas station, grab a case of beer, take it to the men's room, then come out, beer in hand and just walk out without paying. This doesn't seem like your typical "I'm just not going to pay for this" theft situation. Seems more like the actions of someone who was already drunk.......and driving around with their child(ren?) in the car.

 

[callmehenry]

Oh, I don’t know about indefinitely. I wouldn’t be surprised if he suddenly feels like working again once his oldest turns 18.

I wanna agree but he’s had it so easy for the last few years why would he change now?!

 

[SaguaroSpirit]

I wanna agree but he’s had it so easy for the last few years why would he change now?!

child support

 

[Betty P]

It was not a case of beer. The reporter used the wrong term.

It was 2-3 beers by the LE account.

Unbelievable. What a loser. How was he ever allowed to care for children? Was his family poor, so he needed to steal beer?

 

[aimeea]

I'm curious what beer he got too and what its ABV was. Most single serve beer cans from gas stations are HUGE (like 24oz cans).

 

[abyquinn]

Oh, I don’t know about indefinitely. I wouldn’t be surprised if he suddenly feels like working again once his oldest turns 18.

If he has an order for Child Support against him it doesn’t disappear once the child turns 18. The account continues to grow, adding interest every month. It will stay there indefinitely, and it can be activated at any time.

 

[callmehenry]

child support

I get that but at the same time she’s been supporting him completely and I doubt that would change. She’s seemingly enamoured with this fella and I’m getting the impression he can do whatever he wants (or doesn’t want to in the case of working) and shes ok with that

 

[callmehenry]

Unbelievable. What a loser. How was he ever allowed to care for children? Was his family poor, so he needed to steal beer?

We’re surmising that the wife was able to see what he was purchasing so he’d taken to doing it slyly