Updated: 6:15 pm | Published: 6:11 pm
(ABC 4 News)
WEST VALLEY Utah (ABC 4 News) – There will be no charges filed against a mother who triggered an amber alert.
Last month, 10-year old Aliyah Crowder was taken from her West Valley school by her non-custodial mother.
Police set off an amber alert.
Her mother, Athena Venus Barker was previously accused of illegally taking her daughter for ten months in North Dakota.
And during this latest abduction, police thought her boyfriend had a gun.
“There was some information at the time that may have been a possibility,” says Sgt. Mike Powell of West Valley police. “And that's a significant concern for us.”
Police got their first break at ABC 4 News.
Venus called saying her daughter wasn't in danger.
And Aliyah confirmed that. When asked by a reporter if she was in any danger or had been harmed Aliya said “My mother wouldn’t do that.”
Venus brought her daughter back to police.
And now Salt Lake’s District Attorney says he can't charge her with any felony.
“It's nothing more than a slap on the wrist for what can be traumatic for the parent who actually has custody of the child,” says Sim Gill.
He says that’s because there’s a loophole in Utah’s law.
Gill says Utah's law treats cases like Aliyah's as custodial interference, not kidnapping.
“We need to make changes to this law,” he says. “Why can a non-custodial mother be allowed to do this and be charged only with a Class B misdemeanor but if (stranger) does this he’d be charged with a first degree felony.”
These cases used to be a civil matter.
But a former police man turned politician got it changed it a Class B misdemeanor.
“I'm hoping my colleagues in the legislature will continue to look at this issue,” says Carl Wimmer who is now running for a U.S. Congressional seat. “It's a huge issue that's been bubbling up for many, many years."
For now, Barker only faces the possibility of a Class B misdemeanor. West Valley city prosecutors will have to review the case for possible charges.
Last month, 10-year old Aliyah Crowder was taken from her West Valley school by her non-custodial mother.
Police set off an amber alert.
Her mother, Athena Venus Barker was previously accused of illegally taking her daughter for ten months in North Dakota.
And during this latest abduction, police thought her boyfriend had a gun.
“There was some information at the time that may have been a possibility,” says Sgt. Mike Powell of West Valley police. “And that's a significant concern for us.”
Police got their first break at ABC 4 News.
Venus called saying her daughter wasn't in danger.
And Aliyah confirmed that. When asked by a reporter if she was in any danger or had been harmed Aliya said “My mother wouldn’t do that.”
Venus brought her daughter back to police.
And now Salt Lake’s District Attorney says he can't charge her with any felony.
“It's nothing more than a slap on the wrist for what can be traumatic for the parent who actually has custody of the child,” says Sim Gill.
He says that’s because there’s a loophole in Utah’s law.
Gill says Utah's law treats cases like Aliyah's as custodial interference, not kidnapping.
“We need to make changes to this law,” he says. “Why can a non-custodial mother be allowed to do this and be charged only with a Class B misdemeanor but if (stranger) does this he’d be charged with a first degree felony.”
These cases used to be a civil matter.
But a former police man turned politician got it changed it a Class B misdemeanor.
“I'm hoping my colleagues in the legislature will continue to look at this issue,” says Carl Wimmer who is now running for a U.S. Congressional seat. “It's a huge issue that's been bubbling up for many, many years."
For now, Barker only faces the possibility of a Class B misdemeanor. West Valley city prosecutors will have to review the case for possible charges.
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