BOONE, Iowa—A Boone County jury found a 20 year old Boone resident guilty of Child Endangerment last week. The Boone County Attorney’s office reported that the jury found Ninive Hernandez, guilty of Child Endangerment in violation of Iowa Code section 726.6(7). The sentence for Child Endangerment ranges from probation to up to two years in prison with the Iowa Department of Corrections. A sentencing hearing to determine her sentence is scheduled for August 29, 2018.
The jury trial was heard in the Boone County District Associates Court on July 31, 2018. The State, represented by the Boone County Attorney’s Office, called several witnesses. The witnesses testified that on September 2, 2017, Ninive Hernandez left her 2 year old child home alone to fend for herself. When family members found the child, the 2 year old had make-up all over her face. The family members also saw that Ninive Hernandez left food on the bed for the child to eat while alone. The family members were unable to say exactly how long the child had been left alone.
The State attempted to offer in evidence that on prior occasions Hernandez had left the child in the home without notifying the other members of the residence. Sometimes this would occur in the middle of the night. However, the judge did not allow the jury to hear this evidence as it was ruled to be irrelevant to the issue of child endangerment charged.
The defense at trial called Ninive Hernandez. She testified that she knew family members were coming home but left without telling anyone. Hernandez testified she was leaving the residence through the back door just as the family was entering through the front door. However she was unaware whether any family members knew the child was in the home.
During closing, the defense pointed out that the jury had no way of knowing exactly how long the child had been left alone and that it was not uncommon for the child to play with makeup or be messy during eating. The State argued any period of time was too long for a child to be left alone and the defendant had no way to confirm her family members were actually taking care of her child.
On August 1, 2018, the jury came back with a verdict finding Ninive Hernandez guilty of Child Endangerment. Sentencing on the case will be held on August 29, 2018. Ninive Hernandez faces a sentence from a minimum of probation up to two years in prison.
The case was investigated by the Boone County Police Department. The State was represented by First Assistant Boone County Attorney Matthew Speers. Ninive Hernandez was represented by a local attorney.
(contributed article and photo, Boone County Attorney)
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