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Sunday, Dec. 28, 2014

Child abducted from Barry County home returned

Thursday, September 23, 2010

(Photo)
Barry County Sheriff MICK EPPERLEY
A Barry County child who had been listed last night as an endangered person has been returned to her home, and her alleged abductor taken into custody.

Justus McCarty, age 5, was reportedly taken during a home invasion at 32619 Highway 86 at 6:55 p.m. near Golden.

According to a report from the Barry County Sheriff's Department, Justus McCarty was taken from the home after her father, Justin McCarty, 28, and the child's grandfather assaulted the mother and left with the child.

The couple has been separated for two months, and the father and grandparents were reportedly upset that the child had not been enrolled into pre-school as yet. Following a dispute, the father grabbed the child and took off on foot.

Barry County Sheriff officials arrested the father at the grandparents' home without incident.

"We had a quick response for this in a lot of ways," said Barry County Sheriff Mick Epperly. "This was not something we could put out on an Amber Alert, but we did issue an endangered child alert.

"The child's father and grandparents are in custody and charged with kidnapping and assault," Epperly said.

Epperly credited a quick response by law enforcement officials for the resolution of the incident.

"It's amazing how quickly we can get things out there," Epperly said. "The child was actually brought back to the scene by a person from the Golden area. The little girl was tickled to see her mother again."

Epperly noted that several officers were called off of other assignments in order to assist in the search.

"They were really quick to respond," Epperly said. "But in a case like this, the child comes first."


Comments
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I noticed the sheriff said they couldn't send out an Amber alert...why?Is there a state law prohibiting the use of such a system when kiddnaping is envolved?...no!This is the exact time an Amber alert should be used.In this case it all worked out and the child is safe but someone needs to hold the sheriff's feet to the fire & insist he explan why he couldn't activate the Amber Alert system.Even if there is some stupid law...what is more important,the law or a childs'life?This is the problem with to many of your law enforcement,they are more worried with there careers & law rather than what is right,morale & just plan common sence!

-- Posted by "Tiny"Mike on Fri, Sep 24, 2010, at 9:41 AM

Tiny Mike: There is no way that ALL of the facts and time frames are in a newspaper article so before you start criticizing Law Enforcement - check your facts. How much time had evolved between the parent taking the child and the child being recovered? Would the Amber Alert organization even ACCEPT the information since it did NOT meet THEIR requirements? Did the LE already KNOW where the child had been taken to?

I'm going to jump right out here and guess that you're going to answer NO to each of these questions.

There are certain guidelines that are required before they will post an Amber Alert. Don't like it? Take it up with the powers-that-be that determines these guidelines and not the local law enforcement agency.

You accuse the LE of "being worried about their careers and law" instead of following the RULES - but if they would ever not follow them, I'd bet you'd be the first in line yelling and berating the LE for not following the rules.

It is very apparent that you have no idea of what you are talking about - so instead of being critical of the local law enforcement - be grateful that they are dedicated to serve EVERYONE and not based on criticism or ignorance.

-- Posted by serutan on Fri, Sep 24, 2010, at 3:54 PM

Law Enforcement Confirms an Abduction

AMBER plans require law enforcement to confirm an abduction prior to issuing an alert. This is essential when determining the level of risk to the child. Clearly, stranger abductions are the most dangerous for children and thus are primary to the mission of an AMBER Alert. To allow activations in the absence of significant information that an abduction has occurred could lead to abuse of the system and ultimately weaken its effectiveness. At the same time, each case must be appraised on its own merits and a judgment call made quickly. Law enforcement must understand that a "best judgment" approach, based on the evidence, is appropriate and necessary

Summary of Department of Justice Recommended Criteria

*There is reasonable belief by law enforcement that an abduction has occurred.

*The law enforcement agency believes that the child is in imminent danger of serious bodily injury or death.

*There is enough descriptive information about the victim and the abduction for law enforcement to issue an AMBER Alert to assist in the recovery of the child.

*The abduction is of a child aged 17 years or younger.

*The child's name and other critical data elements, including the Child Abduction flag, have been entered into the NCIC sysyem. All the proper information to obtain an opinion or make an educated comment on this article can be found at the ambertalert.gov website.

*** KUDDOS TO THE BARRY COUNTY SHERIFFS DEPT ITS AGENCIES AND SHERIFF MICK EPPERLY FOR RETURNING THE CHILD SAFELY. IF THE CASE IS, IT IS JUST A "STUPID LAW" THE LAW ENFORCEMENT DID EXACTLY JUST AS THEY SHOULD IN THAT THEY UPHELD AND ENFORCED THE LAW WHICH IS THE DUTY THEY HAVE TAKEN OATH TO DO EVEN IF AN INDIVIDUAL DEEAMS IT AS "STUPID". THERE ARE MANY LAWS THAT MANY PEOPLE FEEL ARE"STUPID" BUT, IT IS THEIR RESPONSIBILITY TO UPHOLD THEM AS IT IS THE PUBLICS TO ADHEAR TO THEM.

-- Posted by mom21 on Fri, Sep 24, 2010, at 4:07 PM

I never said I had all the facts!I gave a point of view based on the info given to me.If you don't like it write your congressman.

-- Posted by "Tiny"Mike on Sun, Sep 26, 2010, at 9:00 AM

Mike: You are the one who was wrong about the times that the Amber Alert can be used and then you took the negative shots against the local law enforcement.

You are the one who said that the law enforcement was wrong because they followed the proper protocol in the situation and then accused the law enforcement of only being concerned about their careers and following the law.

It was pointed out to you what the proper procedure was for notifying the Amber Alert.

So what is that we don't like that we need to write our congressmam? Neither person said that they didn't agree with the Amber Alert protocol.

Personally, I think you just wanted the opportunity to bash the Sheriff's office since you included the insults to them instead of just focusing on the questioning of the Amber Alert procedures.

-- Posted by serutan on Tue, Sep 28, 2010, at 5:28 AM

To serutan:If u want to talk about this further send me your e-mail...this is turning into personal communication & We shouldn't use the "Times" that way,so here's mine tiny71town@yahoo.com.

-- Posted by "Tiny"Mike on Tue, Sep 28, 2010, at 10:01 AM


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