***MEDIA ADVISORY***

FOR IMMEDIATE RELEASE: March 14, 2016

ELKHART COUNTY JURY AFFIRMS THE IMPORTANCE OF PROTECTING THE CHILDREN OF THE COMMUNITY, FINDS DEFENDANT GUILTY OF ATTEMPTING TO KIDNAP HIS FOUR YOUNG CHILDREN BY FORCIBLY REMOVING THEM FROM A SUPERVISED VISITATION AT CHILD AND PARENT SERVICES (CAPS).

Media Contact: Curtis T. Hill, Jr. (574) 296-1888

On Wednesday, March 10, 2016, a jury in Elkhart Superior Court No. 1 returned verdicts of guilty against Daniel Begly on charges of Attempted Kidnapping, Battery on a Public Safety Official, Resisting Law Enforcement, Battery, and Interference with Custody. The jurors arrived at their verdict after approximately three hours of deliberation.

The jury heard from the Defendant’s wife, who is also the mother of the children involved in the incident. The Defendant’s wife explained that the Elkhart County Superior Court No. 1 had previously ordered that custody of the children be given to the wife alone, and that the Defendant was only to have parenting time with the children during weekly supervised visits at the Child and Parent Services (CAPS) facility in Elkhart County.

The jury also heard from CAPS employees, who testified that, on May 26, 2015, the Defendant was participating in a supervised visit with his four children when they observed him sneaking out of a side exit door. Officer Tim Freel, an off-duty Elkhart Police Department officer who was working as a security officer for CAPS on that particular evening, then immediately ran to the parking lot. Officer Freel observed the Defendant strapping his children into a car seat, and ordered that the Defendant return the kids to the facility. Instead of complying, the Defendant turned on Officer Freel and began punching and fighting the Officer, ultimately causing soft tissue damage to Officer Freel’s left arm. A nearby CAPS employee – Julie Hinzmann – ran over to assist Officer Freel in removing the children from the scene. At that point, the Defendant grabbed Hinzmann and threw her to the ground, causing her to hit the back of her head on the parking lot pavement. Ultimately, the Defendant was subdued and arrested when additional Elkhart Police Department officers arrived at the scene.

The Defendant took the stand and testified that he was only attempting to remove the children from CAPS due to his concern that one of the children needed immediate medical attention. The State, however, confronted the Defendant with prior statements to his father; during those statements, the Defendant indicated that he “set the whole thing up” (in reference to the attempted kidnapping), and that he lured his children out of the CAPS facility by promising them ice cream.

Daniel Begly is set to be sentenced in the Elkhart Superior Court No. 1 on April 14, 2016, and is facing a maximum sentence of seven (7) years at the Indiana Department of Correction. Begly is also currently serving a sentence at the Indiana Department of Correction for a previous Stalking conviction out of Elkhart Superior Court No. 1.

***

“Under Indiana law, all persons arrested for a criminal offense are innocent until proven guilty in a court of law.”