A child’s 911 call reporting an alleged assault inside a Sutton home led to the arrest of a man who now faces two felony child abuse charges and one felony terroristic threats charge.
Clayton C. Roberts, 40, pleaded not guilty to all three charges during an Aug. 18 arraignment in Clay County District Court.
According to an affidavit filed in Clay County Court, deputies with the Clay County Sheriff’s Office responded to the residence May 24 after a child under the age of 11 called 911 and reported that Roberts was on top of the child’s mother and hitting her.
Deputy Dillon Hall wrote that when he entered the home, he found Roberts seated in a chair near the front door with two children standing in the living room. Roberts initially refused repeated commands to step outside and away from the children.
“I then placed my hand on my Taser, unclipped it from my holster, commanding Clayton to step outside,” Hall wrote in the affidavit.
Roberts then complied and went outside, according to Hall.
The affidavit alleges Roberts had begun striking his oldest daughter with a belt. The children’s mother told the responding deputy that she attempted to stop Roberts by pushing him away from the child. She alleged that Roberts then grabbed her and threw her to the ground.
Another child attempted to intervene while Roberts was on top of the mother, according to the affidavit. The mother was eventually able to get outside, while Roberts allegedly prevented the four children from leaving the residence.
The responding deputy reported that two children said Roberts had struck them with the belt. Hall also reported observing visible marks on both children.
According to the affidavit, Roberts acknowledged striking the children with a belt. He described his actions during the confrontation with their mother as self-defense.
The two child abuse charges allege that Roberts knowingly and intentionally caused two minor children to be cruelly confined or cruelly punished. The charges specify that the alleged abuse did not result in serious bodily injury.
The terroristic threats charge alleges that Roberts threatened to commit a crime of violence with the intent to terrorize one of the children. The court documents provided do not include further details about the alleged threat.
Each charge is a Class IIIA felony. The maximum penalty for each is three years in prison and 18 months of post-release supervision, a fine of up to $10,000 or both. The possible penalties do not indicate what sentence would be imposed if Roberts were convicted.
Roberts was initially also charged with one misdemeanor count of third-degree domestic assault. That charge alleged he intentionally and knowingly caused bodily injury to the children’s mother.
The domestic assault charge was dismissed without prejudice when the case was transferred from Clay County Court to District Court. A charge dismissed without prejudice may be refiled.
Bond was set at $5,000 with a 10 percent provision, requiring a $500 deposit for Roberts’ release. Court records show the bond was posted and continued when the case was transferred to District Court.
Roberts waived his right to a preliminary hearing in July and was bound over to District Court on the three felony charges. District Judge Morgan R. Farquhar presided over his Aug. 18 arraignment.
A pretrial hearing is scheduled for Oct. 19 at 2 p.m. in Clay County District Court.
The charges are allegations, and Roberts is presumed innocent unless and until proven guilt
