Joshua and Jennifer Roper, the Benton couple accused of first-degree criminal abuse of a 13-month-old child, are back in custody following bond violations.
Circuit Court Judge Jamie Jameson issued a warrant Wednesday for the Ropers after having been presented GPS tracking evidence, provided through an ankle monitor, that the two had been in contact, a violation of the couple’s bond. The two appeared separately Thursday in Marshall County Circuit Court to face those allegations.
It wasn’t the first time the Ropers had been accused of breaking the court’s order. Jameson, on June 29, issued a continuance until Thursday for both Joshua and Jennifer Roper to allow for new incoming public defender Bethany Willcutt to review the cases. Willcutt stood in temporarily for Amy Harwood-Jackson, who had been transferred to a newly-opened Caldwell County office.
The Ropers were accused at that time of keeping contact with each other. Joshua Roper was additionally accused of not continuing payment on his ankle monitor. Jameson set the issue aside to be addressed Thursday and warned the couple during the June 29 court appearance to keep their distance from each other.
Monitoring services determined that the Ropers again had contact since the June 29 hearing, prompting Jameson to issue the warrants.
Carolyn Keeling, attorney for Joshua Roper, said her client admitted the two had contact, but asked Jameson to consider lifting that particular condition of bond.
“They are husband and wife, and neither are victims of a crime against each other,” Keeling said. “… I know that one of the problems was that he didn’t understand why he has no contact, and he also understood that that was going to be changed, that there was a possibility that that would be changed. … She doesn’t have any family. I know his mother said that she’s called her to pick her up. They are married, there’s been no allegations of crimes against each other and we would ask that the night that he spent in jail would be sufficient to satisfy any contempt charge for that violation, and that you amend or remove that portion.”
Assistant Commonwealth Attorney Jacob Ford said that while there were no charges related to abuse against each other, there was evidence to suggest that there had been previous abuse. Ford said, more to the point, that the Ropers’ repeated contact while under order not to do so demonstrated lack of respect and disregard for court orders.
Jameson was inclined to agree, and cited allegations that Joshua Roper had deliberately attempted to let the batter on his ankle monitor die in an effort to avoid being tracked to his wife.
“It’s not about him victimizing her or her victimizing him near as much as one, what Mr. Ford said, which was kind of what my dad used to say, which was, ‘Because I said so,’” Jameson said. “Two, the main reason, honestly, is it potentially significantly compromises the Commonwealth’s case. If they’re colluding together about what story to tell – and I’m not saying they are – but that’s a potential issue. About what story to tell as far as, ‘How do we explain this? How do we explain this? How do we explain that?’ To me that’s one of the most justifiable reasons to not have co-defendants have contact.”
Jennifer Roper appeared with public defender Harwood-Jackson, who will continue to defend her case. In addition to contact violations, Jennifer Roper tested positive for methamphetamines in a court-issued drug test. Harwood-Jackson requested a continuance in Jennifer Roper’s hearing to allow for additional time to confer with her client and review bond conditions. She will remain in custody until her next appearance Aug. 8.
Jameson ordered Joshua Roper to submit to a drug screen Thursday, as well, after the results of Jennifer Roper’s test. He tested positive for marijuana; he will remain in custody pending an Aug. 8 revocation hearing.
The Ropers face charges of first-degree criminal abuse of a child under 12, a class C felony. According to Marshall County Sheriff’s Department reports, on Dec. 23, 2016, employees of J’s Steakhouse phoned police upon noticing a young boy with significant bruises in the restaurant. Deputies made contact with the Ropers and two small children as they left the restaurant. Investigating officers say they found significant bruising on the face, head, stomach, arms, legs, back and behind the ears of the couple’s then 13-month-old son. Police allege in addition to bruising, the child had bite marks on both legs. The couple told police their son had obtained bruises at day care, and had fallen from the couch at home. They also said his 2-year-old sister had thrown toys at him, causing some of the injuries.
Deputies called Child Protective Services, who agreed the child should be taken for evaluation at the Marshall County Hospital ER. Jennifer Roper was arrested at the restaurant on a failure to appear warrant in Calloway County.
Doctors at MCH evaluated the child and determined injuries were not consistent with the parents’ account of events and were the result of abuse. CPS representatives removed both children from the Ropers’ custody; Joshua Roper was arrested at the hospital post examination.
A grand jury indicted the couple in February.