CASSANDRA Castro, who, police said, drove drunk and crashed a vehicle with her two daughters inside, has requested the Superior Court to dismiss the two counts of child neglect charges against her.
Represented by Chief Public Defender Douglas Hartig, Castro said the charges “alleged insufficient facts and failed to state a claim under the statute alleged to have been violated.”
According to the information filed against her, “Castro did through willful or negligent act or omission fail to provide her [two] daughters … under the age of 18 who was in the defendant’s custody, with adequate supervision, medical care, food, clothing or shelter in that defendant operated a motor vehicle, after consuming alcoholic beverages, at an unsafe speed between 70 and 80 miles per hour, while swerving and answering a call on her mobile phone, and the vehicle crashed into a tree and burst into flames with both daughters in the car in violation of 6 CMC §5312 (a) (2).”
Both daughters were injured because of the incident, the information added.
“Here,” Hartig said, “the facts set forth in the Information are of insufficient detail to allow Defendant to prepare her defense and avoid double jeopardy. There is no indication as to why driving improperly and after having consumed alcohol, without any allegation of intoxication, constitutes the crime of Child Neglect or how Ms. Castro failed to adequately supervise, provide medical care, food, clothing or shelter.”
He added, “The facts alleged are that Ms. Castro drove recklessly after consuming alcohol with two children in the car. There is no allegation that Ms. Castro failed to adequately supervise, provide medical care, food, clothing or shelter. Although arguably Ms. Castro may have exposed children in her care to a dangerous situation this is not criminalized by 6 C.M.C. § 5312(a) (2).”
Castro was not arrested but was summoned to appear in court on June 17 before Presiding Judge Roberto C. Naraja for an arraignment.
She is scheduled to return to court on July 18 at 1:30 p.m. and appear before Associate Judge Kenneth L. Govendo.
