The Enid News and Eagle, Enid, OK

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July 29, 2010

Couple arraigned on child neglect charges

By Cass Rains, Staff Writer Enid News and Eagle

ENID — An Enid couple was arraigned Thursday in Garfield County District Court on charges of child neglect after their 4-year-old son and 11-year-old daughter were removed from their home.

Judy K. Barry, 30, and Nickolas W. Barry Sr., 40, each were charged with a single felony count, which is punishable by up to life imprisonment and/or a fine of $500 to $5,000.

According to an affidavit filed in the case, Enid Police Department Officer Jacob McKinley was traveling east in the 1000 block of East Garriott July 18 when he saw a young boy run across the road without shoes or a shirt on.

The boy was running toward the Conoco at 10th and Garriott. McKinley spoke to the boy as he entered the store, but the boy would not answer his questions.

The skin on the boy’s ankles was dried and had been bleeding. The heat index at the time was 106 degrees, according to the affidavit. Officer Lee Frisendahl said he recognized the boy and thought his last name was Barry. Officers were able to locate a listing for Barry in the area at 1113 E. Oklahoma. Sgt. Bryan Hart and Officer Kenyon Hughes went to the residence to see if the boy lived there.

Officers took the boy to the house and were met by Life EMS, who examined the boy and determined he was dehydrated and needed the skin on his ankles treated.

Officers spoke with Judy Barry, who was outside the home when they arrived, and asked if she was missing a child and she replied yes, she thought she was, according to the affidavit.

Judy told police she last saw her son about three hours before, but later said it may have been 10 or 15 minutes. She said he was supposed to be next door, according to the affidavit. Officers noted an odor of alcohol on Judy’s breath, but she refused to answer when they asked her how much she had to drink that day, according to the affidavit.

Officers spoke with Nickolas Barry about his son being missing, and he told them he did not know anything because he was inside cooking dinner. Officers told him they needed to look inside and Nickolas let them in, according to the affidavit.

When the door was opened, officers noted an odor of mold inside the home, as well as trash throughout and food on the carpet, according to the affidavit. There was standing water in the bathtub, and the bathroom sink appeared to be used for storage, according to the affidavit.

In the kids’ bedroom the beds had no sheets and there was trash on the floor. Roaches were crawling on the walls in the home, a dead mouse was covered with flies and trash in a garbage can was molding, according to the affidavit. Dishes stacked next to the sink in the kitchen were covered with food and smelled as if it had been there for some time, according to the affidavit.

Officers obtained a written statement from Judy Barry but she refused to sign it. Officers also took photographs of the conditions of the home as well as the skin on the boy’s ankles. Department of Human Services was called to the home.

According to the affidavit, the Barrys began cleaning the home after DHS was notified. But both children were removed from the home for their safety.

Bond for Judy and Nickolas Barry was set at $10,000. Both were ordered to return to court Aug. 23 for bond appearances.

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