Found Safe AL - ANF, 13, Pelham, Shelby County, 21 Jan 2020 *Arrest*
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UPDATE: 13-year-old missing Pelham girl has been found and is safe
She was found in the Huntsville area.
About 2 hrs away: Google Maps
She was found in the Huntsville area.
About 2 hrs away: Google Maps
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Police find missing 13-year-old girl who 'willingly' got into someone's car and never made it to school
Her mother said she was taken to the hospital and she was being interviewed by police.
It's still unclear the details of her disappearance.
Her mother said she was taken to the hospital and she was being interviewed by police.
It's still unclear the details of her disappearance.
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Soooooooo happy!!!!!!
Subiechik21
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Me too! They did a great job finding her, but I am a little apprehensive about them taking her to the hospital afterward. I know it is SOP, but still!
Shin Masamura
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Seeing this unfold and the frustration some had about the vehicle, Le knew about it. There is alot to this but most of you were on the right trail.
Shin Masamura
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About the hospital, a minor abducted under possible false pretense is standard procedure to get checked out.
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I’m so glad A has been found alive. I really hope she has been unharmed.
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Police said they have obtained a felony warrant for interference with custody against 24-year-old Rodrigo Ortega.
AF: Missing Pelham girl found safe in Huntsville area
AF: Missing Pelham girl found safe in Huntsville area
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Felony warrant issued for man who interfered in search for missing 13-year-old girl
The Pelham Police Department has issued a felony warrant for interference with custody against a man involved in the disappearance of AF.
Rodrigo Ortega, 24, is a suspect in the case and will be brought to Shelby County to face charges soon, according to Pelham PD.
[...]
The Pelham Police Department has issued a felony warrant for interference with custody against a man involved in the disappearance of AF.
Rodrigo Ortega, 24, is a suspect in the case and will be brought to Shelby County to face charges soon, according to Pelham PD.
[...]
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margarita25
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http://judicial.alabama.gov/docs/library/docs/13A-6-45.pdf
Ala. Code 1975, § 13A-6-45 Interference with Custody
A person commits the crime of interference with custody if he/she knowingly takes
or entices: [Read all appropriate]:
1. Any child under the age of 18 from the lawful custody of his/her parent,
guardian or other lawful custodian; (OR)
2. Any committed person from the lawful custody of his/her parent, guardian
or other lawful custodian.
To convict, the State must prove beyond a reasonable doubt each of the following elements:
(1) The defendant took or enticed another person, [name];
(2) That person, [name], was: [Read all appropriate]:
(a) A child under the age of 18 from the lawful custody of his/her parent, guardian or other lawful custodian; (OR)
(b) A committed person from the lawful custody of his/her parent, guardian or other lawful custodian; (AND)
(3) The defendant did so knowingly and intentionally. [See Use Note]
[Read as appropriate]: Committed person means, in addition to anyone committed under judicial warrant, any neglected, dependent or delinquent child, mentally defective or insane person or any other incompetent person entrusted to another’s custody by authority of law. [13A-6-45(a)(2)]
A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he/she is aware that his/her conduct is of that nature or that the circumstance exists. [13A-2-2(2)].
A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his/her purpose is to cause that result or to engage in that conduct. [13A-2-2(1)]
[Read as appropriate - See Use Note]: A person does not commit interference with custody if the actor’s sole purpose is to assume lawful control of the child. [13A-6- 45(b)]
If you find from the evidence that the State has proved beyond a reasonable doubt each of the above elements of interference with custody, then you shall find the defendant guilty of interference with custody.
If you find that the State has failed to prove any one or more of the elements of interference with custody, then you cannot find the defendant guilty of interference with custody.
[If lesser-included offenses are included, the Court should instruct on those offenses at this point.]
Use Notes
Although the statute only states that a person commits interference with custody if he/she “knowingly” takes or entices a child or committed person, the Alabama Court of Criminal Appeals has held that “the legislature intended the offense of interference with custody to be a crime requiring specific intent.” Kennedy v. State, 640 So. 2d 22, 32 (Ala. Crim. App. 1993).
The burden of injecting the defense is on the defendant, but this does not shift the burden of proof. [13A-6-45(b)]
[Approved 10-14-15.]
Ala. Code 1975, § 13A-6-45 Interference with Custody
A person commits the crime of interference with custody if he/she knowingly takes
or entices: [Read all appropriate]:
1. Any child under the age of 18 from the lawful custody of his/her parent,
guardian or other lawful custodian; (OR)
2. Any committed person from the lawful custody of his/her parent, guardian
or other lawful custodian.
To convict, the State must prove beyond a reasonable doubt each of the following elements:
(1) The defendant took or enticed another person, [name];
(2) That person, [name], was: [Read all appropriate]:
(a) A child under the age of 18 from the lawful custody of his/her parent, guardian or other lawful custodian; (OR)
(b) A committed person from the lawful custody of his/her parent, guardian or other lawful custodian; (AND)
(3) The defendant did so knowingly and intentionally. [See Use Note]
[Read as appropriate]: Committed person means, in addition to anyone committed under judicial warrant, any neglected, dependent or delinquent child, mentally defective or insane person or any other incompetent person entrusted to another’s custody by authority of law. [13A-6-45(a)(2)]
A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he/she is aware that his/her conduct is of that nature or that the circumstance exists. [13A-2-2(2)].
A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his/her purpose is to cause that result or to engage in that conduct. [13A-2-2(1)]
[Read as appropriate - See Use Note]: A person does not commit interference with custody if the actor’s sole purpose is to assume lawful control of the child. [13A-6- 45(b)]
If you find from the evidence that the State has proved beyond a reasonable doubt each of the above elements of interference with custody, then you shall find the defendant guilty of interference with custody.
If you find that the State has failed to prove any one or more of the elements of interference with custody, then you cannot find the defendant guilty of interference with custody.
[If lesser-included offenses are included, the Court should instruct on those offenses at this point.]
Use Notes
Although the statute only states that a person commits interference with custody if he/she “knowingly” takes or entices a child or committed person, the Alabama Court of Criminal Appeals has held that “the legislature intended the offense of interference with custody to be a crime requiring specific intent.” Kennedy v. State, 640 So. 2d 22, 32 (Ala. Crim. App. 1993).
The burden of injecting the defense is on the defendant, but this does not shift the burden of proof. [13A-6-45(b)]
[Approved 10-14-15.]
Shin Masamura
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Basically posed as a minor to lure her was what I was alluding to before. Threw his life away.. this happends all to often
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Subiechik21
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I know, thanks for telling me though! It still makes me a little uneasy......I am always nervous & paranoid about everything & I always think the worst about all crimes (according to my kids), lol.
Janeumayer
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So thankful LE had two successful amber alert rescues in a week!
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