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

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.

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