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Accused mom may get her kids back

Prosecutors drop the abuse charges and say that she can work off the neglect charges.

By COLLEEN JENKINS
Published January 12, 2007

TAMPA - Crystal Chavez fought back tears Thursday morning after learning she could avoid jail and move closer to getting back the four children authorities said she neglected.

They have been in foster care since May, when sheriff's deputies arrested Chavez and her 19-year-old boyfriend, John S. Irick, days before the Seffner mother turned 22.

Deputies came to serve Chavez with a traffic court warrant. But they found her three children - ages 5, 3 and 1 - and the couple's 7-month-old son dirty, naked and locked in a bedroom with a broken air conditioner.

Chavez, who had lost her children to the state once before, sat in air conditioning in another bedroom. Old food, dirty clothes, dishes and human feces filled the mobile home.

Prosecutors charged the couple with four counts each of child neglect and three counts of aggravated child abuse. The latter charge, a first-degree felony, carries up to 30 years in prison.

Irick's parents, Michael and Debra Booth, who also lived at the home, were charged with child neglect and failing to report child abuse. Michael Booth received probation in the fall and Debra Booth entered pretrial intervention on one count each of failing to report child abuse, court records show.

On Thursday, prosecutor Rita Peters dropped the most serious charges against Chavez and Irick because the state could not prove them.

Then she gave Chavez and Irick a gift: Complete a pretrial intervention program and wipe your criminal records clean.

They were eligible because neither had prior criminal offenses. The 18-month pretrial intervention works like probation, with community service, random urine screening and monthly fees, except that successful completion can erase the charges.

The couple has moved to a new home and taken parenting classes, said attorney Paul S. Carr, who represents Chavez. In the hall after their court hearing, he sternly advised them to keep things in better shape.

With a reporter, he took a more sympathetic tone.

"They had a messy house, no air conditioning," he said with a shrug. "That's not uncommon with people who have limited financial resources."

Colleen Jenkins can be reached at 813 226-3337 or cjenkins@sptimes.com.

[Last modified January 12, 2007, 05:40:28]