Wednesday, January 26, 2005
MONMOUTH -- A Monmouth man accused of accidently killing his 3-month-old daughter will make his next appearance in Polk County Circuit Court on Feb. 10.
James D. Newland, 34, was charged with manslaughter in the first degree following the death of Jewell Newland, which occurred after he allegedly fell on the child and then did not seek medical attention for her for almost 14 hours.
According to a police affidavit, Newland had used methamphetamine hours before the incident.
Newland has also been charged with criminal mistreatment, third-degree assault, escape and resisting arrest. He waived his right to a preliminary hearing Jan. 20 and remains in custody at Polk County Jail. Security is set at $350,000.
Manslaughter is a Measure 11 offense carrying a minimum sentence of 10 years in prison without the opportunity for parole, and a potential fine of $125,000.
Jewell's mother, Jennifer Schwanke, has not been charged with a crime, District Attorney John Fisher said. The Polk County Major Crimes Team is still investigating the incident.
An acquaintance of Newland who answered the door of his Monmouth apartment last week said the family had no comment at this time.
A probable cause affidavit from Monmouth Police Officer Robert Palmeroy outlines the following series of events:
Newland had shot up methamphetamine between midnight and 1 a.m. Jan. 13, Schwanke told police.
Between 3 and 4 a.m., Newland had been carrying and running with Jewell in his arms. Feeling as though he was "passing out," Newland clenched the child around the stomach and fell to the ground on top of her.
He neglected to obtain medical attention for his daughter for 14 hours, even though she was bleeding from the mouth, "crying in a painful manner" and had difficulty breathing.
She was taken to West Valley Hospital, and because of the seriousness of her injury, was later transported to Doernbecher Children's Hospital in Portland for an emergency operation.
She died at 3 a.m. Jan. 14. Trauma to the abdomen was listed as the cause of death. Hospital officials notified the Monmouth Police Department an hour later.
Newland was arrested Jan. 15, following an investigation by local and county authorities and an autopsy by the Oregon Medical Examiner's office.
In his statement, Palmeroy said Newland stood up, threw a chair across the room and bolted after he was informed of the criminal charges.
Newland was tackled and detained by officers after he slipped on wet pavement during his attempt to get away.