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Should the kidnaping of a nursing mom by Lumberton TX police officers cause public outrage?
An incident occurred on December 3, 2024 which by legal definition could fit more into the category of kidnaping rather than a lawful arrest. Lumberton Police officers surrounded a nursing mom, her infant, and 2 other children all under the age of five and forcibly removed her from her vehicle without probable cause or a warrant. It should also be noted that the officers would not allow the nursing infant to be fed by her mother during the ordeal which ended up lasting over 23 hours.
In order to discern whether this was a legal arrest or an illegal kidnaping we need to look at Texas penal code. And the facts surrounding this abduction.
Under section 20.02 of Texas penal code, if Lumberton police officers were not making a lawful arrest they could be guilty of kidnaping not only the breast-feeding mother but the infant and the other two minor children.
Section 20.02 states that a person commits an offense if they intentionally or knowingly restrain another person restricting their movements without consent. It further states that it is an offense if minors are restrained or confined without guardian or parental consent. Under this law it is a felony.*
The question then becomes was it a lawful arrest or a kidnaping? Based on the documents obtained by KHTW there were no legal grounds for the restraints of this mother or her children. In addition to this unlawful act the documents show that the Lumberton police officers acted outside of the law and the judicial orders.
According to body cam footage and witness testimony officer Chad Ainsworth, approached this mom in the school pickup line claiming to have a warrant for her arrest. When Ainsworth was asked to present this alleged warrant he was unable to or refused to produce a warrant. This was not the first encounter officer Ainsworth had with this young mother and she expressed concern based on his actions. When she noticed him waiting on the school grounds, with two other police vehicles in close proximity. She phoned her husband for help but before her husband could arrive, Ainsworth had reached her vehicle and initiated the interaction.
Officer Ainsworth asked the young woman to step out of the car and when she asked why he claimed he had a warrant for her arrest. When he was asked to produce the warrant, he refused. The mothers only request was that her husband be there to get the three minor children before they proceeded any further.
After failing to produce a warrant or even citing probable cause he proceeded to forcibly remove this mother and restrain her on the ground in front of her infant and other minor children. At the scene there were three other officers, two of which aided in the restraint. Officers Andrew Lange, Michael Strange, and Gregory Mouton were all present. Body cam footage shows that Officer Mouton was the only one who did not actively participate in this restraint and in fact can be heard asking, “What was the deal, she’s got a warrant?”
So, was this a lawful arrest? Not according to Texas penal code 14.01 . An arrest requires a warrant or probable cause which did not occur at the time of the arrest. Exceptions to arrest without a warrant according to the Code of Criminal Procedure section 14, include as noted above, probable cause or requirements for an officer to witness a felony or breach of peace.
So where was this breach of peace of a mother with her three children in a school pick up line?
Where was the felony?
And most importantly where was the warrant?
According to Hardin County jail records at the time of booking there was no criminal history and no warrant. *
According to the incident report dated 12-3-24 and time stamped at 3:08 pm this was a warrant arrest. *
According to his supplemental narrative * Officer Ainsworth observed a black GMC Yukon traveling southbound and stated he was familiar with the vehicle and the owner. He then detained her and informed her that she had warrants. Also taking place at 3:08 pm, however again on video footage the officers speak about the warrant being “at the office.”
Once Andrew Lange went into the Police Department to pick up the “warrants”, he removed his bodycam footage, but it can still be heard through dash cam footage.
“The court’s still got it (the warrant).”
Eventually a warrant was issued but only after the arrest. Was the warrant issued to protect the officers unlawful actions?
Eventually a warrant was issued at 3:15 pm but only after the arrest which took place at 3:08 pm. So one might ask was the warrant issued to protect the officers unlawful actions?
Even after the warrant was issued The officers failed to follow the clear instructions of the ex post facto warrant which required her to be brought before the municipal court not transported to Hardin county Jail. *
In summary Lumberton TX police officers forcibly removed and detained a nursing mom without probable cause or a warrant. The same officers detained an infant and two other minor children without consent of the parent. After unlawfully detaining the victim they were able to obtain a warrant with clear instructions to present the victim to the municipal court located in Lumberton. In direct violation of the court order the officers delivered her to the Hardin county jail where she was not allowed to feed her infant for over 23 hours..
So, the question remains is this a lawful arrest or a kidnapping of a mother and her three minor children?