Violation of this sentence could land Escobar in prison for up to 18 months, court records show.
EARLIER
The ex-boyfriend charged in connection to the fire that killed two children is suspected of being in the U.S. illegally, and the mother facing child endangerment charges had a history of custody-related disputes involving her two other children, according to court documents obtained by this newspaper.
Authorities had also received reports of two other fire incidents at the home within the last two months. Both instances involved small fires believed to have been set by 9-year-old Malachi Bradburn, who died in the fire Saturday with his sister, 10-year-old Malea.
Arcadio Escobar, 33, was arraigned Thursday on one count of trespass, a fourth-degree felony, in Eaton Municipal Court. The Preble County Sheriff’s Office said they were working with federal authorities to determine Escobar’s status, but he was not permitted to post bond because it remained in question.
Escobar admitted to police that he went to the front porch of the 3436 U.S. 35 home the night it caught fire. He was involved in a car accident on U.S. 35 shortly afterward. Deputies who searched his pickup truck found gloves, a hat, a ball cap, an iPod, a Bic lighter, a homemade funnel and a steering wheel cover.
The children’s mother, 35-year-old Chastity Hall, faces two third-degree felony counts of child endangering after investigators said she left the children alone and went to two clubs and the homes of two acquaintances the night of the fire.
Court documents indicate that Hall’s parents filed a protection order against Hall in October 2013 on behalf of themselves and Hall’s two older children. It was dismissed the same day because Hall’s parents did not show up for a hearing on the order.
Officers responded to three custody-related disputes between Hall and her parents in the last three years. Sheriff’s reports indicate that Hall’s parents provided proof of legal custody of the older children.
The Preble County Juvenile Court had no record of an order granting legal custody to either party. A child support document showed that Hall’s parents forgave $6,630 in child support owed to them by Hall in 2005.
Preble County Children’s Services received no reports of abuse or neglect involving the family, director Rebecah Sorrell said.
Call records from the Preble County Sheriff’s Office indicate that the home where Malea and Malachi Bradburn died was not unfamiliar to law enforcement.
Sheriff’s deputies responded to the residence 21 times in the last three years, including custody related disputes and a fight between Hall and Escobar in which Hall claimed Escobar broke a table and struck her in the face.
Neither was charged with domestic violence and neither Hall nor Escobar have felony records in Preble County.
Deputies were called to the home twice in December for disturbances between Hall and Escobar. On Dec. 3, Hall accused Escobar of being intoxicated, breaking a table and hitting her. Later that day she called again, accusing Escobar of stealing her keys and harassing her over the phone. She declined to file charges in either incident.
On Jan. 11, Hall called the sheriff’s office to report that her son had set a coat and blanket on fire and she had thrown the items outside. Hall told deputies she wanted to report it because she rented the home.
West Alexandria Fire Chief Jeff Shafer reported that when he responded to a report of an electrical issue in December, he found plastic items in Malachi Bradburn’s bedroom had been melted and that his bedspread had been caught on fire. Hall declined Shafer’s offer for a formal fire counseling referral for Malachi, Shafer said.
The charges against Hall and Escobar will be presented to a Preble County Grand Jury on Monday, county prosecutor Martin Votel said.
Victor Silva, the pastor of the First Hispanic Wesleyan Church where Escobar attends, attended Escobar’s arraignment Thursday and said he was saddened by the incident.
“I’ve known (Escobar) for many years, and he’s a pretty good person,” Silva said. “He’s never had any problems like this before. He’s a good friend.”
Hall’s family has declined to comment on Hall or the circumstances surrounding the fire.
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