Deputy Prosecutor resigns after review of Mwaura’s arrest - Fox 28: South Bend, Elkhart IN News, Weather, Sports

Deputy Prosecutor resigns after review of Mwaura’s arrest

Posted:
Edward Mwaura (Booking photo from unrelated incident courtesy St. Joseph Co. Police) Edward Mwaura (Booking photo from unrelated incident courtesy St. Joseph Co. Police)

A Deputy Prosecuting Attorney has resigned after a review of a decision not to prosecute Edward Mwaura for violation of a protective order.

On the morning of May 30, Mwaura was arrested and booked into the Saint Joseph County Jail on Invasion of Privacy. He was released hours later.

On the morning of June 2, officers were called to a unit in the Irish Hills Apartment complex where they say they found Mwaura repeatedly stabbing his daughter, 6-year-old Shirley Mundia. Officers shot and killed Mwaura. Mundia was later pronounced dead at a local hospital.

According to the Prosecutor's Office, a Deputy Prosecuting Attorney decided not to prosecute Mwaura for the May 30 arrest because their review found an invalid protective order. The Prosecutor's Office says the decision would have been correct but for the fact that there was a valid protective order under a different number and with Mwaura's name misspelled as "Mwawra."

The arresting officer did indicate on his report that he reviewed a valid order on his squad car computer, but the Prosecutor's Office says his report did not include the order's number.

The Prosecutor's Office says the Deputy Prosecutor failed to look for the order by searching for the victim's last name of Mundia, which they say would have shown a valid order.

The Prosecutor's Office says Mwaura should have been charged with Violation of a Protective Order, a misdemeanor.

"This DPA (Deputy Prosecuting Attorney) failed to exercise the thoroughness expected, particularly in crimes with women and children as victims of domestic abuse," the Prosecutor's Office says in a release.

Now family and friends are wondering if the valid protective order had been found would it have prevented little Shirley Mundia's murder?  Dvorak wouldn't comment on that.  But he did point out that suspects are granted a bond on misdemeanor charges like violation of a protective order, so Mwuara would have been eligible for bond.

Moving forward Dvorak said the standards already in place will prevent this mistake from happening again.  He called this incident an "aberration."

The name of the DPA who resigned will not be released because Dvorak said it is a personnel matter.

  • Most Popular StoriesMost Popular StoriesMore>>

  • Boy scout finds marijuana plants in city park

    Boy scout finds marijuana plants in city park

    Will Kercher was working on removing invasive plants in Abshire Park Monday morningwhen he came across a different kind of "invasive" species...marijuana plants. Kercher, seventeen, was taking before pictures ofa wooded area in thepark. He was documenting the area before he helped clear it of bush honeysuckle when he came across four potted marijuana plants. He took a picture and then went to tellAaron Sawatsy-Kingsley, Goshen's City Forester.More >>
    Will Kercher was working on removing invasive plants in Abshire Park Monday morningwhen he came across a different kind of "invasive" species...marijuana plants. Kercher, seventeen, was taking before pictures ofa wooded area in thepark. He was documenting the area before he helped clear it of bush honeysuckle when he came across four potted marijuana plants. He took a picture and then went to tellAaron Sawatsy-Kingsley, Goshen's City Forester. More >>
  • Local Palestinians and Israeli's speak about recent violence

    Local Palestinians and Israeli's speak about recent violence

    The death toll in the Mideast conflict continues to rise."It's horrible, I mean I pray it gets better soon because I mean those images are horrible, horrible things," says Johnny Eid a local Palestinian.In South Bend,there was aPro-Israeli rally Tuesday night. Organizers say their message is one of peace."We have to be strong, just like Americans were strong after the attacks of 9/11, we have to be strong and stand with a fellow democracy," says Bob Feferman of the Jewish Federation of St. Jo...More >>
    The death toll in the Mideast conflict continues to rise."It's horrible, I mean I pray it gets better soon because I mean those images are horrible, horrible things," says Johnny Eid a local Palestinian.In South Bend,there was aPro-Israeli rally Tuesday night. Organizers say their message is one of peace."We have to be strong, just like Americans were strong after the attacks of 9/11, we have to be strong and stand with a fellow democracy," says Bob Feferman of the Jewish Federation of St. Jo...More >>
  • Dowagiac Police asking for help locating missing person

    Dowagiac Police asking for help locating missing person

    Rose Morris (Courtesy: Dowagiac Police)Rose Morris (Courtesy: Dowagiac Police)
    Dowagiac Police are asking for help from the public to find a woman last seen Thursday night.Police say Rose Morris, 25, was last seen by family members at around 5:30pm before going out to visit friends on Thursday evening in Dowagiac. After investigating police say Morris spent most of the night at a house in Dowagiac with friends until leaving at 11:30pm. Since then, there has been no new information as to her location.More >>
    Dowagiac Police are asking for help from the public to find a woman last seen Thursday night.Police say Rose Morris, 25, was last seen by family members at around 5:30pm before going out to visit friends on Thursday evening in Dowagiac. After investigating police say Morris spent most of the night at a house in Dowagiac with friends until leaving at 11:30pm. Since then, there has been no new information as to her location.
    More >>
Powered by WorldNow

Fox 28

WSJV-TV FOX 28
58096 County Road 7, South
Elkhart, IN 46517

Switchboard: 574.679.9758
News Phone: 574.679.4545
Station Fax: 574.294.1267
Email: fox28news@fox28.com

All content ©Copyright 2000 - 2014 WorldNow and WSJV. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service and Mobile Privacy Policy & Terms of Service.

Persons with disabilities who need assistance with issues relating to the content of this station's public inspection file should contact Administrative Assistant Heather Stewart at (574) 343-5310. Questions or concerns relating to the accessibility of the FCC's online public file system should be directed to the FCC at 888-225-5322, at 888-835-5322 (TTY) or at fccinfo@fcc.gov.