By Sentinel Staff
A Sitka couple was arraigned in Sitka Superior Court today on felony charges of physical abuse of their four-month-old baby boy.
The mother, Casey Orona, 35, was charged with felony assault in the third degree, and the child’s father, Zak D. Wass, 36, was charged with violating conditions of release. Wass had been charged with felony assault in the second degree, domestic violence, on April 10, and released without bail at that time.
After their arraignment today both Orona and Wass were released on their own recognizance. Both had been arrested Thursday night and held in jail until today’s court hearing.
The couple’s baby, identified as I.O. in charging documents, and their four-year-old daughter, C.O., were taken into emergency custody by OCS on March 24.
Conditions of release for both defendants that were imposed at today’s arraignment were that neither was to have any contact with I.O. or C.O. except as allowed by the state Office of Child Services.
The assault case has been under investigation by the Sitka Police Department since 2:40 a.m. March 24, when the department was informed by the Ketchikan office of the state OCS that “there was a four-month-old baby at the Mt. Edgecumbe Hospital emergency room that may have been a victim of child abuse.”
Sitka police released to the Sentinel the 13-page criminal complaint and probable cause statement filed with the Sitka court April 10 charging Wass with felony assault in the second degree.
The second paragraph of the criminal complaint filed by Sitka Police Sgt. Lance Ewers reads:
“During the course of this investigation, Dr. Kimberly Capp told SPD investigators Officer Amber Blackmon and Sgt. Lance Ewers, after she and other doctors examined four-month-old I.O. Radiological imaging showed I.O. had 12 broken ribs and two broken femoral bones. The doctors also told SPD investigators that these injuries happened to I.O. during multiple occasions over the last four months. The doctors explained the reason they knew that I.O. received broken bones at different times over the last four months was because the broken bones were in different stages of healing. Dr. Capp explained she suspected child abuse due to ‘crying baby motivation.’ Dr. Capp noted in her assessment that the patient (I.O.) has, multiple fractures including bilateral femoral fractures and bilateral rib fractures of several ribs in an infant who is too young to move on his own and no history of severe trauma that would explain this.’”
At today’s arraignment of Orona, Assistant District Attorney Amy Fenske said:
“This defendant has assaulted and abused I.O. And it is disturbing... I think there is good cause for the court to order that Ms. Orona not have contact with I.O and that she really should not have any unsupervised contact with her children,”
Orona’s attorney, James McGowan, argued that there was no probable cause for Orona to be charged, and went on to state that she would not be a flight risk if released on her own recognizance.
“Ms. Orona does not pose a danger to the community and we are going to make sure that there are provisions in place in her conditions of release where she will only have supervised visitation with the children,” he said.
Magistrate Pamela Stahla-Kernin presided at the arraignments.
Court documents said Orona and Wass are the natural parents of both C.O. and I.O.
In the April 10 criminal complaint Ewers relates the interview that he and OCS investigator Sean Sumrall held with Wass at 7 p.m. March 24:
“Zak stated that he was not married to Casey and doesn’t live with Casey or his two children. Zak explained that they maintain separate apartments but do not live on the same property. SPD’s investigation revealed Casey pays Zak rent for her apartment.”
Ewers said that during the interview the investigators asked Wass about the injuries to I.O., and if he “had a theory on how this could have happened to I.O. Zak said, ‘I really don’t.’”
Later in the charging statement Ewers related an interview with Orona by SPD investigators on March 25.
“Casey told SPD investigators she didn’t know how her son broke 12 of his ribs and two of his legs at different times over the last four months,” Ewers reported.
He continued: “Orona thought there might be a medical explanation called Ricketts or something called Osteogenesis Imperfecta (OIP) also known as brittle bone disease. She also speculated that the broken ribs might be from CPR during I.O.’s birth, or that she might have broken I.O.’s bones while putting him in his car seat.
Ewers said the doctors who had examined I.O. were asked about these possibilities, and Dr. Capp said “putting a child in a car seat could not break a baby’s bones in this way.” The doctors also said there was no CPR at the baby’s birth, and medical tests did not indicate abnormalities that could cause the injuries.
Three days ago friends of Orona and Wass set up a Gofundme site ‘‘to raise $30,000 for medical and any other legal expenses to support Zak and Casey during these tough times.’’
The Gofundme site, ‘‘For Zak Wass & Casey Orona,’’ reported that $4,940 has been raised by 23 donors.
