The case was initially heard in Middletown Municipal last month, but since the alleged offense involves a child it was sent to the juvenile court, according to officials.
The couple was arrested in early July, just days after Butler County Children Services and police were called to the home at 1606 Philadelphia Avenue. Police and children services say the girl was allegedly locked in the basement for nearly a month.
The three charges against the Blackstons were filed on July 6 and they were arrested at a Sharonville motel.
Attorney Ched Peck, who was retained by Joanna Blackston, said it appears the grand jury felt the misdemeanor was the proper charge.
"There are different elements from the child endangering (charge) between a misdemeanor and a felony, and (the grand jury) felt there were certain elements not met."
Peck said his client has denied the charges "since day one," and is relieved to know the felony charges will not be pursued.
But it’s bittersweet because her children remain out of her custody "and that’s been very difficult for her," Peck said.
Shawn Blackston’s public defender attorney, Daniel Allnutt, said he and Peck believe they showed at the July 16 preliminary hearing in Middletown Municipal Court this was not a kidnapping or felony-level case.
"It was the right decision by the grand jury and it was very appropriate that it came back to the (the lower court)," he said.
Allnutt said if the case proceeded to the common pleas court, it "would have been a waste of the county's money."
A court date has not yet been set.
Until then, Shawn Blackston will remain in Butler County Jail and Allnutt said it’s anticipated a lower bond will be requested.
Joanna Blackston is out on a $25,000 bond.
Butler County Prosecutor Mike Gmoser agreed with the grand jury’s decision.
"I’m not disappointed in the return at all," he said. "I’m very pleased the way it was handled by the police agencies involved."
Gmoser said the elements of the case "did not rise to the level of the kidnapping but did rise to the level of child endangering, which contains much of the same language of a kidnapping charge."
Gmoser commended the police investigation and said the incident was "nipped this in the bud before it became worse."
An anonymous complaint of abuse led Butler County Children Services to investigate the Blackstons. After children services investigators saw the "deplorable living conditions," Middletown police were contacted and the children — ages 15, 14, 12, 9, 3 and 2 — were removed. They are in foster care.
The girl, a sixth-grader in the Middletown City School District, had been allegedly locked in the basement of the Philadelphia Avenue home from June 18, a month after the 2011-12 school year ended, until children services and police responded to the home on July 3.
Police and children services reported the basement had a dirty mattress for her to sleep and the glass block window was covered, and the door leading to the basement had multiple locks. The girl told police, according to court documents, she was fed very little, abused and had not showered since she was allegedly locked in the basement.
Butler County Children Services is conducting an internal investigation on how the case was handled by its staff.
A children services report indicates changes are needed in the agency’s procedures. This report comes after the Butler County Commission’s ombudsman released a report earlier this month that recommended disciplinary action for children service employees who may have failed to respond to allegations before the child was found in a filthy basement.
Children Services already had an open case with the Blackston family and had conducted home visits at the residence before July.
Monroe attorney Randy Turner, guardian ad litem for a 15-year-old sister, said there were a number of red flags indicating something was wrong at the home on Philadelphia Avenue.
He said his ward was punished once by being made to watch the other children open Christmas presents when she had not been given any, and she was also punished by being placed in the basement.
Butler County Children Services Director Jeff Centers said Tuesday the oldest child taken from the home did ask that someone check on her sibling’s living conditions, but follow up by the agency did not happen soon enough.
Five children services employees were placed on administrative leave after the incident. Three have returned to work with no disciplinary action. The other two remain on leave.
Centers said the agency is still considering if disciplinary action is warranted.
The Ohio Department of Job and Family Services is also investigating, but that investigation may not be completed for 30 days.
Staff Writer Lauren Pack contributed to this story
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