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Deputy prosecutor fired for errors in handling protective order violation

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The employment of an unnamed St. Joseph County deputy prosecutor has been terminated after deciding not to prosecute a man following his May arrest for violating a protective order. Several days later, that man allegedly stabbed and killed his young daughter.

According to a press release issued by the prosecutor’s office Wednesday, the deputy prosecutor didn’t prosecute Edward Mwaura because the deputy prosecutor’s review of the Protective Order Registry under “Mwaura” revealed an invalid protective order. Mwaura was arrested May 30.

On the morning of June 2, police responded to a 911 call at an apartment complex involving Mwaura and Lucy Munida. She was bleeding from several knife wounds and told police that Mwaura, her ex-husband, was inside the apartment with their 6-year-old daughter.

When police entered the apartment, they saw Mwaura stabbing the girl. Lt. Steven Noonan shot Mwaura and killed him. The girl later died from her injuries.

The deputy prosecutor’s decision to not prosecute the misdemeanor crime of violation of the protective order would have been correct if the protective order was invalid.

However, the deputy prosecutor didn’t examine the Protective Order Registry under the Munida’s last name, which would have shown a valid protective order existed. Mwaura’s last name was misspelled on the valid protective order as “Mwawra.”

The arresting officer indicated in his report that there was a valid protective order but didn’t note the cause number.

“It is the responsibility of prosecutors to seek justice and enforce the laws. This does not end with a cursory review of the evidence,” the release from Prosecutor Michael Dvorak says. “Clearly, Mwaura should have been charged with the misdemeanor crime of ‘Violation of a Protective Order.’ This DPA failed to exercise the thoroughness expected, particularly in crimes with women and children as victims of domestic abuse. Accordingly, this individual is no longer employed with the St. Joseph County Prosecutor’s Office.”

The prosecutor’s office found Noonan and the other officers were justified in using deadly force in shooting Mwaura.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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