(Des Moines)– The Iowa Court of Appeals has overturned a child endangerment conviction against a rural Sheldon woman.
Debra and Russell Dunham moved to Iowa from Colorado in 2000 with 11-year-old twin boys that reportedly have behavioral problems. They moved in with Debra’s uncle and his wife, who contacted authorities about confrontations Debra was having with the two boys. On one occasion, the O’Brien County Sheriff’s Office and a Department of Human Services caseworker were called to the residence. They found broken windows and plaster missing in the boys’ bedrooms. They also noted the rooms smelled, were drafty, and that they had only a mattress, pillow and sleeping bag.
The boys were taken into foster care. They were examined and found to have no injuries.
Debra Dunham was later charged with two counts of child endangerment. An O’Brien county jury convicted her, and she appealed.
In their ruling, Appeals Court justices say that while Debra Dunham’s disciplinary actions were harsh and her parenting techniques questionable, that there’s little if any evidence suggesting she had a conscious awareness she was creating a substantial risk to the physical, mental or emotional health or safety of the boys.
Iowa code states such evidence must be present in order for a child endangerment conviction.
