State of Iowa v. Leah Marie Swift

CourtCourt of Appeals of Iowa
DecidedMarch 29, 2023
Docket22-0231
StatusPublished

This text of State of Iowa v. Leah Marie Swift (State of Iowa v. Leah Marie Swift) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Iowa v. Leah Marie Swift, (iowactapp 2023).

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 22-0231 Filed March 29, 2023

STATE OF IOWA, Plaintiff-Appellee,

vs.

LEAH MARIE SWIFT, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager,

District Associate Judge.

A defendant appeals her conviction for child endangerment. AFFIRMED.

Martha Lucey, State Appellate Defender, and Maria Ruhtenberg, Assistant

Appellate Defender, for appellant.

Brenna Bird, Attorney General, and Israel Kodiaga, Assistant Attorney

General, for appellee.

Considered by Tabor, P.J., and Schumacher and Ahlers, JJ. 2

TABOR, Presiding Judge.

A jury convicted Leah Swift of child endangerment for leaving her six-year-

old son unattended in a daycare parking lot. On appeal, Swift challenges the

sufficiency of the evidence to support her conviction. Specifically, she claims the

State presented insufficient evidence to prove that her actions created a

“substantial risk to the child’s physical, mental or emotional health or safety” or that

she acted with knowledge that her actions created that risk. She contends that her

actions, “although not exactly prudent or smart, did not rise to the level of

criminality.” Finding substantial evidence supports the conviction, we affirm.

I. Facts and Prior Proceedings

One Thursday in December, Swift was scheduled to exchange her son for

visitation with his father at 5:30 p.m. in the parking lot of a daycare center. But

Swift decided to drop the child off “a little after four” so that she could run errands.

She neither contacted the child’s father nor alerted the daycare center that the

child would be waiting by himself in the parking lot.

But the child’s presence in the parking lot did not go unnoticed. Another

mother was picking up her children from daycare that afternoon when she “saw a

shadow that looked like a child underneath by the school bus” and stopped to

investigate. She looked under the bus and found the child, who was crying and

“really upset.” She then notified the daycare workers and took him inside.

Swift testified that she regularly dropped her son at that location and he

knew the area because she lived two blocks in one direction and her brother lived

two blocks in the other direction. According to Swift, the child regularly traveled

between the two homes. But Swift had never left the child alone in the parking lot 3

before. She claimed that she did not know exactly what time it was because she

was having “cell phone issues,” which also prevented her from contacting the

child’s father. She planned to visit the cell phone store after the drop off.

Even if the location was familiar to the child, it was not a safe place for him

to be on his own, especially at that time of day, in the opinion of the daycare

director. She explained that the daycare center was situated at the intersection of

two busy roads, with the highest volume of traffic between 4:00 and 6:00 p.m.

Those hours were also the busiest for daycare pickups. And no fences or other

barriers separated the parking lot from the intersection.

It was also December. By the time the child was brought inside, it was

growing dark and chilly. The child was wearing shorts, a t-shirt, and no coat. The

daycare director knew the child because he had attended the daycare, but he was

no longer enrolled. She tried to comfort the child, who was still scared and crying.

The director then contacted the child’s father, who came to pick up his son. The

father recalled that the child “was still very upset by the time I got there.”

The State charged Swift with child endangerment, an aggravated

misdemeanor, under Iowa Code section 726.6(1)(a) and (7) (2020). A jury found

Swift guilty as charged. The district court sentenced her to a suspended term of

incarceration and placed her on probation. Swift appeals.

II. Analysis

On appeal, Swift argues the State presented insufficient evidence for the

jury to convict her of child endangerment. The district court instructed the jury that

the State had the burden to prove these elements: 4

1. Swift was a parent having custody or control of the child.

2. The child was under the age of 14 years.

3. Swift acted with knowledge that her actions were creating a substantial

risk to the child’s mental, physical, or emotional health or safety.

4. Swift’s actions created a substantial risk to the child’s physical, mental,

or emotional health or safety.

Swift does not contest the first two elements. But she claims the State failed

to meet its burden of proving the third and fourth elements. She contends the State

did not offer substantial evidence to prove her actions created a substantial risk to

the child’s physical, mental, or emotional health or safety, or that she acted with

knowledge that her actions created that risk.

We review Swift’s sufficiency claim for correction of errors at law. State v.

Crawford, 974 N.W.2d 510, 516 (Iowa 2022). We consider the evidence in the

light most favorable to the State, allowing for all reasonable inferences. State v.

Sanford, 814 N.W.2d 611, 615 (Iowa 2012). If a rational jury could find guilt beyond

a reasonable doubt, we affirm. Id.

A. Substantial Risk

We begin with Swift’s argument that the State did not prove her actions

created a substantial risk to her son’s safety or physical, mental, or emotional

health. “[Iowa Code] [s]ection 726.6(1)(a) requires a showing of substantial risk to

a child’s physical health or safety. It does not require proof that the conduct was

negligent or reckless, although such actions may create a substantial risk.” State

v. Anspach, 627 N.W.2d 227, 232 (Iowa 2001). Under this standard, it is 5

“unnecessary to prove that the physical risk to a child’s health or safety is likely.

Rather a showing that the risk is real or articulable will suffice.” Id. at 232–33.

To support her contention that her actions were imprudent, but not criminal,

Swift cites an out-of-state case: State v. Allen, 747 N.E.2d 315 (Ohio Ct. App.

2000). In that case, the Ohio court found that a father who left his seven-year-old

son home alone for a few minutes did not create a substantial risk to the child’s

health and safety. Id. at 316–17. That case is distinguishable on both the facts

and the law. The Ohio father left his son unattended in the safety of his own home

for a short time. Id. By contrast, Swift left her son unattended in a busy public

parking lot for what would have been over an hour. On the legal side, Ohio’s child

endangerment statute requires “the culpable mental state of recklessness” and “a

strong possibility, as contrasted with a remote or significant possibility, that a

certain result may occur or that certain circumstances may exist” to constitute a

substantial risk. Id. at 316 (emphases added) (citation omitted). This is a higher

burden than Iowa law imposes. See Anspach, 627 N.W.2d at 232.

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Related

Wood v. Commonwealth
701 S.E.2d 810 (Court of Appeals of Virginia, 2010)
State v. Millsap
704 N.W.2d 426 (Supreme Court of Iowa, 2005)
State v. Miller
308 N.W.2d 4 (Supreme Court of Iowa, 1981)
State v. Anspach
627 N.W.2d 227 (Supreme Court of Iowa, 2001)
State v. Allen
747 N.E.2d 315 (Ohio Court of Appeals, 2000)
State of Iowa v. Dontay Dakwon Sanford
814 N.W.2d 611 (Supreme Court of Iowa, 2012)

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State of Iowa v. Leah Marie Swift, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-iowa-v-leah-marie-swift-iowactapp-2023.