Wichita Falls couple awaiting trials or pleas for intentional injury to a child

The defense attorney for a woman accused along with a man in a child abuse case involving air pellets and cans of peas is denied his motion to throw out the woman's recorded statements to police before she was charged.

Jennifer Nash and Buford Whisenant, are awaiting trials or pleas for intentional injury to a child involving a boy 14 years old at the time. 

Today Nash's attorney Chuck Smith asked 89th District Judge Charles Barnard to rule the audio and video recordings of her interviews at the police department inadmissible.
Smith argued police took Nash to the police headquarters in handcuffs and read her her rights, but told her they just wanted to talk about allegations that the boy made when police went to his school to investigate bruises and marks on his body.

After a lengthy interview, police told Nash she was under arrest.
The officer doing the interview said she didn't recall telling Nash she was free to go anytime but testified she told her she wasn't under arrest and was just there to talk.

Prosecutor Brett Benedict said Nash never asked to leave or say she didn't want to talk and she was not tricked into talking.

He also said a search warrant issued for the apartment in the 500 block of Fillmore turned up a pellet gun and pellets, cans of peas and duct tape on a wall as the boy described.

He said that evidence and boy's injuries were probable cause for the arrest. 
Police say both defendants admitted shooting pellets at the boy and other forms of what they called discipline.
The boy said he was forced to hold cans of peas and move his arms up and down to the level of the duct tape on a wall. He said when he could do no more, he was shot with pellets.

In her statement to police, prosecutors say Nash told them her stepson was bad and stole things such as cigarettes, and she and Buford Whisenant had asked for help from police but never received any.


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