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- 2026-10-23 00:46
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What you want to talk to me about? Who you think the kids? The kids, okay. Who you talking to? I don't understand. You already lied to me earlier. >> What happened? >> I went I left to go to work and say you going to come pick me up. >> That's not what you told me before. >> Yeah. Hold on, I'm calling back. >> Ma'am. >> Yeah. >> Who are you? >> Uh hello hello, there's an office. >> Can you answer my question? >> Huh? >> Can you please answer my question? >> Hello? Yeah. No, I understand, Mom. >> Cool. Can you put the children over there? They're not touching the children. >> Oh, hello. >> So, you are you not the real mom? Who's the real mom? >> She passed away. She deceased. >> Okay. So, can I talk to you? Like have a conversation? >> Yeah, you >> No, I want to talk to you. You're here. I'm just whenever you're done. >> Okay. All right. Oh, you said you want to talk to me, okay. >> What you want to talk to me about? Who you think the kids? The kids, okay. Who you talking to? I don't understand. >> The dad. That's their dad. >> Well, where's dad at? >> He He on his way back. >> All right. Well, where is he at? >> Hello? He on his way, he was five minutes away. >> Okay, where is dad? >> Huh? >> Where's dad though? >> He just dropped me off. >> Listen. Listen. Listen. You're beating around the bush. I'm not trying to be rude. I'm not trying to be disrespectful. But I'm going to be straightforward, right? So, can you please answer my questions? Where is dad coming from? >> Oh, he just dropped me off home. >> Okay. Where was dad prior to this? >> He was picking me up from work. >> Okay, and where were the kids? >> At home. >> With who? >> With um with our other self. >> With who? >> With our other child. She at home. >> With who? >> Our other child at home. >> With who's the other child? >> Shanae. >> How old is she? >> So, let me get this straight. Let me get this straight. You guys left these two babies with an 11-year-old. >> No, I was at work. I didn't leave them with her. >> So, dad did. >> Yeah. >> On May 18th, 2024, officers responded to two toddlers found wandering alone in a Florida apartment complex parking garage. What followed demonstrates critical intersections between child welfare law, Miranda doctrine, and investigative technique. Florida Statute 827.03 defines child neglect as willful or culpably negligent failure to provide adequate supervision. Culpable negligence exceeds ordinary carelessness. It requires conscious disregard of foreseeable consequences. Florida Administrative Code Rule 65C-29.002 is explicit. Children under six cannot be left with caregivers under 12. No exception exists for brief errands or assumed supervision. >> Okay. >> Fantastic. And dad's on his way? >> Yeah. >> Fantastic. What what is the What is the address you guys live in? >> Uh 5418 63rd >> 63rd? >> Yes. >> So, you funny uh child neglect or something along those lines. So, I got through to DCF. >> Okay. >> is stepmom. >> Okay. >> Hi. >> So, basically dad left children alone to go pick her up. With an 11-year-old. >> Where's the 11-year-old? >> In the apartment by himself. I guess he wasn't really paying attention cuz it's an 11-year-old. Probably playing games on his phone. Does this happen all the time? Or >> No. This just happened today. >> Do you think your 11-year-old is capable of taking care of these two babies? >> No. >> Is that your baby daddy? >> Yeah. >> Or step dad or whatever the case is. Sir. >> How you doing, bro? >> What's going on? So, can you talk to me real quick? >> Yes, sir. >> All right. >> What's going on? >> All right. They were sleeping. I ran to the store real quick. Uh she was there. I didn't know she was leaving to go to work. And it's pretty much about it. >> Well, you left them with uh 11-year-old? >> No, I left with her. I had no idea she was going to work. >> [laughter] >> So, your story's different. >> I apologize. >> Go and stand with this officer, please. What happened, bro? >> I don't know. >> Okay. >> That's exactly where it is. >> So, >> I needed your help. She was helping me. >> Man, she just left. So, you left the kids in her care? Is that what you're telling me? >> And I was coming right back. >> Okay. Where were you going? >> I was going to the store and I was trying to get a part for the car. >> Okay. >> And then I needed diapers and wipes. So, I was also trying to get everything at once. >> Has this ever happened before? >> No. No, sir. But what he does sometimes, he will unlock the door. And >> Yeah, things like that happen. I get that. All right. >> They're never left alone. Ever. >> Okay. >> Cuz their mom isn't here. They're all I have. So, >> So, you did the responsible thing so you're telling me you left your children in the care of your wife? Girlfriend? >> Yes. My girlfriend. >> Okay. And she left the crib. >> Yes, sir. >> And left your kids alone with an 11-year-old. That's what you're telling me. >> I I I I didn't know she had to be working. I was leaving. >> I understand. I get it. >> I didn't communicate that, sir. >> I get it. I'm Then investigating because, you understand, I get a call for service, we come through, and they're wandering in a parking garage, and they can get hit by a fucking car, bro. You know what I mean? >> Yes, sir. >> So, you know, good thing nothing happened, but so I'm here trying to investigate. >> So, hold on. >> Sir, do you have ID on you? >> Yes, sir. >> Um Let me get you all these. Would you like to fill out a statement for me on your side of the story? >> I guess if I have to. >> All right. >> Hold on, man. >> I appreciate it. So, you know, I'm conducting a criminal investigation. I'm not saying I'm charging you with anything, but since I'm conducting an investigation, uh you're not free to leave, so if you could sit down right here with your kids, I appreciate it. >> Did you get her to DC? >> Yeah, they are 51. It's going to be a while, though. >> That's my arrest and Miranda rights. >> Yeah, yeah. >> There you go. >> Uh I'll read it to her as well, okay. So, I just need to let you let you know, you have these uh you have the right to remain silent, do you understand, sir? >> Yes, sir. >> Anything you say may be used against you in court, do you understand, sir? >> Yes, sir. >> You have the right to talk to a lawyer before and during questioning, do you understand, sir? >> Yes, sir. >> You If you cannot afford a lawyer, one will be one will be provided for you uh before questioning without charge, do you understand, sir? >> Yes, sir. >> Has anyone threatened you or promised you anything to come talk to me? >> No, sir. >> Hold on. All right, sir. So, you left your children in the care of >> Constance. >> Okay, which is your girlfriend. >> Yes. >> And she lives with you? >> Yes. >> Okay. Um and where were you Where were you again? >> I went to the store. I went to look for the parts. >> Mhm. >> Car having problems. Got it right. Can't stay here. >> Okay. >> And then that's when she called and was like, "Hey, could you pick them up from work?" I was like, "Could you pick them up from work?" She was like, "Yeah, I'm in the state." >> Okay. >> So, it was like >> Did you Did you know um Did you tell her that she was going to be here the kids? >> Yes, I said stay up, I'll be right back. >> Okay. And she knew the kids was going to be there with you? >> Yes, because when she told me she needed to grab something from work and come back, I'm expecting that to happen. Okay. So, yeah. >> How do you know that? >> I called my sister and then she was like she'll try. But she's going through the whole situation, so I got you. >> Um. >> But once I was once she called and was like, "Hey, I'm going to need you to pick me up." I picked you up. Automatically they were like, "Can you turn around?" >> Okay. I got you. Um. >> I promise I never leave my kids unattended. They're all I have. >> No, I got you. >> This is the starter and you think of that. I need all the help I can get. >> Um, have you have you left your kids alone with her in the past? >> Always and they're and they're always fine. I call daily, FaceTime them, everything is good. This is the first time this has ever been something like this. >> Yeah. >> Ever. I've never just leave my kids alone. That's not what I do. I'm I'm in a >> [music] >> in a mental situation where they're at home alone. Yeah. And they they lost their mom. So, they're all I have. >> Did did Did she know that your kids were home though? Like you told her like >> Yes. >> Okay. >> And when she was telling me she needed to get something from work and come right back, I was expecting that. But then like I said, when she contacted me and said I might be able to get me and pick me up. So, it was on the kids. >> Yeah. >> Oh, I think his sister's home. I called my sister, she was like I can't make it. >> Yeah. >> Cuz she's talking to her stuff cuz her husband was going through it and had to leave that night. I'm just hurting to get it. >> Okay. >> Because now I'm thinking they're there with my son. I'm calling him, he's not answering. >> Okay. So, let me let me So, let me get the gist of everything. Uh, you correct me if I'm wrong. So, you basically you basically went to the store to get car parts or whatnot. Um, you left your children with an an adult >> Yes. >> who knew the children was there. >> Correct. >> This adult then left after assuming the responsibility of taking care of your kids. >> Yes. >> Okay. Um, and you guys been together how long? 4 years? That's what she said. Something like that. >> Well, our relationship, yes. But as far as like knowing, since I was like elementary. >> Okay, so you know her how long? >> A long time. That's why I would trust her to just watch them until I come back. >> Okay. >> Cuz I can't afford daycares and stuff at the moment because I'm going through I'm trying to get state assistance. >> Okay. >> And they told me they would have it in by Monday. And now we have this problem. So it's like >> No, it's all good. >> If it's not one thing, it's another, man. It's just a trial. >> I already notified DCF. Um, doesn't mean they're going to take away your kids. But, you understand, we were here with your kids for like almost an hour. And we had we had to call them. You know what I mean? Um, but I'm calling back so they don't have to come. >> Please, man. I really appreciate it. >> They'll still come. They can help. I am So like I spoke to the gentleman over there, I am conducting a criminal investigation. So I have to ask you questions. Before I ask you questions, I got to read you your rights. Do you understand? All right? This does not mean you're being arrested. It does not mean you're going to jail. All right? It means I have to ask you questions. Do you understand? I need a verbal yes or no. >> The officer's Miranda advisement in a non-custodial setting exceeds constitutional minimums established in Miranda v. Arizona. By explicitly stating "This does not mean you're being arrested." he clarifies the voluntary nature of the encounter. This protects both the subject's rights and the admissibility of subsequent statements in any future prosecution. Witness separation is foundational investigative strategy. Interview subjects independently to identify inconsistencies. The stepmother claimed she was with the father when he dropped her off. The father stated he didn't know she was leaving for work. Under State V Owen, consciousness of guilt can be inferred from changing narratives. Confronting a suspect with inconsistent statements is legally permissible and tactically sound. Florida statute 39.201 imposes mandatory reporting duty on law enforcement who suspect child abuse or neglect. Failure to report is itself a third-degree felony under Florida law. The officer's immediate DCF notification demonstrates compliance with statutory obligation. Importantly, child neglect statutes do not require actual harm. Endangerment alone satisfies the legal standard. Children found wandering in a parking garage establish prima facie evidence of danger regardless of ultimate outcome. The father left two toddlers with an 11-year-old sibling while running errands for approximately 1 hour. His stated belief that an adult was present does not constitute a defense under Florida law. He had prior knowledge the 11-year-old sometimes unlocked doors without permission, establishing foreseeable risk. The stepmother accepted custodial responsibility when the father left, then departed for work knowing children had inadequate supervision. Her initial false statement to the officer compounds the offense under consciousness of guilt doctrine. Employment obligations provide no exception to child neglect statutes. The law is absolute on this point. >> Um yes. >> Okay. You have the right to remain silent. Do you understand, ma'am? Anything you say may be used against you in court. Do you understand? >> Yes. >> You have the right to talk to a lawyer before or during questioning. Do you understand? >> Yes. >> If you cannot afford a lawyer and you want one, one will be provided for you before questioning without charge. Do you understand? >> Yes. >> Has anyone threatened you or promised you anything to talk to you? >> No. >> Okay. Ma'am, you already lied to me earlier. What happened? >> I went I left to go to work. And say you going to come pick me up. >> That's not me told me before. >> Yeah. >> You told me that you was with him and he's going to pick you up. That's what you told me. >> pick me up. >> Keep it stack with me. He He already kept it here. He keeping it a thousand with me. >> I am. >> Are you? >> Yeah. >> So, you tell me you didn't leave the kids up there alone? >> Yeah, I did. >> So, you did? >> Yeah. >> Okay. Why would you leave a 1-year-old or 2-year-old alone? >> I had a lot to do. I I had to go to work. >> Ma'am, you see how neglectful that is? >> Yeah. >> They just got You know where we found them? >> No. >> In the parking garage, wandering around. Do you understand? >> Yeah. >> I'm probably going to worry about it. I'm excited. >> Yeah. I should have just called now. >> Does it have Has this ever happened before? >> No. >> Okay. Um Why would you leave to work and leave a 1- and 2-year-old by themselves? >> Yeah. Well, I didn't have a transportation. I was trying to get to work. But I didn't think he was going to >> But you knew that he left. >> Yeah. >> Okay. So, you know he left the apartment to handle his business and he left his kids in your care >> Yeah. >> and you still left the apartment. Okay. I understand. >> I'm sorry. I really didn't think he was just trying to help. I'm so sorry, okay? I got you. I'm going to get out of here and get you, okay? >> This officer performance, grade A- minus. Miranda advisement in non-custodial setting demonstrates sophisticated legal understanding. Witness separation technique properly executed. DCF notification completed as statutorily required. Discretion to allow father to retain custody pending investigation reflects sound judgment. No arrest necessary when immediate danger resolved. Minor deduction for failing to confirm during initial interview whether father affirmatively verified supervision. Father performance, grade D plus. Statutory violation of Florida Administrative Code 65C2902 by leaving toddlers with 11-year-old. Failure to confirm supervision arrangements before departing constitutes culpable negligence under 827.03. Cooperation with investigation and genuine remorse prevent complete failure grade. Mitigating circumstances acknowledged but do not excuse. Stepmother performance, grade F. Willful abandonment of children after accepting custodial responsibility. False statement to investigating officer. Prioritization of employment over child safety demonstrates catastrophic judgment failure. No legal exception exists. Conduct meets statutory definition of willful neglect under Florida Statute 827.3. Key lessons. First, never assume supervision. Confirm explicitly before leaving children in anyone's care. Second, know your state's age-specific supervision requirements. Ignorance of law is not a defense. Third, no obligation, work, transportation, emergency supersedes your duty to ensure child safety when you have custody. Fourth, if you cannot secure adequate child care, you are legally prohibited from leaving. Call into work. Fifth, inconsistent statements to law enforcement create admissible evidence of consciousness of guilt. Tell the truth from the start. For law enforcement, Miranda in non-custodial settings protects case integrity. Witness separation identifies deception. Document everything on body cam. Confront inconsistencies directly but professionally. Know mandatory reporting obligations. Discretion in custody decisions demonstrates humanity without compromising accountability. Remove children only when immediate danger persists. This case illustrates the absolute nature of parental duty. Financial stress, miscommunication, and work obligations are human realities. But the law draws a bright line when vulnerable lives are at stake. Children under six require constant adult supervision. That duty is non-negotiable under Florida law. If you found this analysis useful, subscribe for more legal breakdowns. All sources and statutes are linked in the description. Let us know your thoughts on this case in the comments. Thank you for watching.
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