POSTED: Wednesday, March 24, 2010 - 5:16pm
UPDATED: Thursday, March 25, 2010 - 11:41am
Las Cruces – NewsChannel 9 has obtained the criminal complaint that provides new details into the case of a Las Cruces mother who police have charged with negligent child abuse.
Police say Amanda Tarin's 4-year-old daughter had bruises on her legs from an Air Soft gun when she returned to her father's house.
Her injuries weren't serious.
Police say the girl's 14-year-old half-brother shot her with the Air Soft pellets while the two were playing.
According to statements from Tarin in the criminal complaint, both children have shot each other with the Air Soft guns while playing before and she's asked them to stop.
But police arrested Tarin on Sunday, saying she never reported the incidents to law enforcement or sought medical attention for her injuries.
The girl's father reported the injuries to police after she returned home from a visit at her mother's house.
One Las Cruces Defense Attorney thinks the charges Tarin is now facing are a big stretch.
"Turning child's play into child's abuse is pushing it," said Jose Luis Arrieta.
If he was defending Tarin, he says he would ask the judge to dismiss the case based on the fact that prosecutors would have to prove Tarin knew about the child abuse and did nothing.
"Is a BB gun injury that results in a bruise really child abuse? And if so, who do you charge? Because a child can't commit the crime," said Arrieta.
The 4-year-old girl is now in her father's custody.
If convicted of negligent child abuse, which is a third degree felony, Tarin faces 3 years in prison.