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1 deal reached, another near in baby bathtub death

By Mike DuPre'   September 4, 2008 - 7:01 a.m.

The prosecution and defense have reached one plea agreement and are close to another in the criminal neglect cases prompted by the death of 14-month-old Israel Gordon.

The toddler’s father probably will serve a year in county jail and five years on probation, and the father’s girlfriend most likely will be on probation for 18 months with required counseling.

The boy died after what his father—Charles R. Rivers, 35, Janesville—described as a bathtub accident in his apartment on Linn Street in Janesville in December 2007.

Instead of seeking immediate medical treatment for the baby, who suffered obvious brain trauma, Rivers and his girlfriend—April S. Peabody, 27—made a run to Beloit to buy drugs to feed Rivers’ heroin habit, according to the criminal complaints against them.

Rivers and Peabody initially were charged with obstructing an officer and felony child neglect resulting in death.

Peabody pleaded guilty to obstructing and an amended charge of misdemeanor child neglect. She is scheduled to be sentenced Tuesday.

Rock County District Attorney David O’Leary said Wednesday that he entered the plea agreement because Peabody’s end of the deal would be “to testify truthfully about all the events surrounding the death.”

In exchange for her testimony, O’Leary said, the second part of the agreement was that the prosecution and defense would jointly recommend a sentence of 18 months probation for Peabody with required parenting classes and alcohol and drug assessment.

You can read more in today's Janesville Gazette.




reader COMMENTS (51)
garyprimer
Sep 5, 2008 at 7:53 a.m.
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Under the fifth amendment, he is not required to supply self-incriminating information, but he must invoke it and that is generally considered an indication of guilt.

Kristi82
Sep 5, 2008 at 6:15 a.m.
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The lives of the children of Rock County appear to mean very little. DA O'Leary likes to see wins in the conviction column regardless of who ends up on the losing end. In the Gazette article it stated the the father just wants to put this behind him. How do you put a death of a child behind you? This poor child had no choice of who his parents were. Obviously his life meant nothing to our DA. Our judicial system needs to be fixed now before other children are killed and mom and dad get a slap on the wrist. This parent should never have contact with any child. I hope the judge ignores the plea deal and speak on behalf of this child. Who is looking out for justice for him??

ebaijunky06
Sep 4, 2008 at 10:49 p.m.
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I know of a few people that have gotten life for selling dope....go figure

booner
Sep 4, 2008 at 7:48 p.m.
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FYI.....Judges are not bound by plea agreements. I suggest everyone in this community contact the presiding Judge tomorrow and insist that he not go along with this rediculous plea agreement. Remind the Judge that voters will hold him accountable at election time.

Unfortunately, Mr. Oleary will be re-elected in a few months because he is running unopposed. Perhaps, there is a qualified attorney in this community who is so disgusted by this that they will run a "write in" campaign. I bet they would get a lot of support.......Time to wake up people and pay attention to what goes on at the courthouse.

jendood
Sep 4, 2008 at 5:12 p.m.
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Am I reading that right!? They gave a plea deal if he TELLS THE TRUTH!!? News flash - he's SUPPOSED to tell the truth...

3children
Sep 4, 2008 at 5:05 p.m.
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Only Charles knows what really happened. I don't believe it was the bathtub either. I don't think April even knows. He's probably got her believing his lies.

chemical_6
Sep 4, 2008 at 4:49 p.m.
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To : "Thinkaboutitonce" - I think a twinkie high is a little different than a crack high.... I think I would be able to take care of an 18month old after ingesting 20 twinkies, I might be really ill but my focus would be on my child... not on a drug or myself.
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These two are disgusting people and they deserve to be treated just like what they are.... trash. They should be thrown away just like they threw away the baby and its precious life.
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Unfortunately, we are a country run by man, or human, however you want to look at it. We will never be perfect in sentencing becuase too many people have too many different opinions on how things should be handled.
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Who knows if that will ever change... but we all have a choice to take care of ourselves and other people, it's how we use that choice that matters. It's too bad we can't take care of everyone and treat each other the way we would want to be treated.

prevention
Sep 4, 2008 at 1:26 p.m.
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How can the felony child neglect be lessened? No wonder child abuse and neglect are running rampant! "Oh yeah, I can leave my baby alone. I won't get a serious sentence if anyone finds out." How sick our society has become!

hannah
Sep 4, 2008 at 1:04 p.m.
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I also remember in past articles that she was pregnant- great huh? how will they treat this one
?

hannah
Sep 4, 2008 at 12:54 p.m.
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i still believe there is more to the story than just THE BABY FELL IN THE TUB!!!

Kitty
Sep 4, 2008 at 12:48 p.m.
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People of Janesville/Rock County.
Please Vote! This is a clear case of someone not doing his Job as the DA of Rock County!!!!

loveforkids93
Sep 4, 2008 at 12:48 p.m.
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aren't you people off track here you live in big cities you have big crime more often you live in small cities less crime the more pouplation the more crime the sad part of all this is there was a little boy who died a little boy who was loved not by his father or april but others no Mr. Rivers was not or will never be a good father (purpledaisy) is April's first child dead cause Israel is, a poor defenceless child who would have been better off without April or Charles

sweet_79
Sep 4, 2008 at 11:56 a.m.
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I agree with you mymaro, there are certain things that a person could learn from and be a better person but murder is not one of them. You shouldn't get a second chance, that poor child doesn't he never even had one. I've been trying to find the article that has the autopsy information. I had never even heard of this until now and I looked back on the past articles. It looked like they were questioning if this was even an accident or if it was just plain murder. All of them say they are waiting for the results but I cant find any info past that. He admitted that he let the child stand on the edge of the bath tub with no hands on him to "wash" him up. I can barely stand on the edge of my wet tub without falling what kind of idiot lets a 14 month old. I guess he was probably high when he did it which WI should stop using as an excuse to murder!!

mymaro
Sep 4, 2008 at 11:48 a.m.
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also pwrtrip, even if they are "conscious" now that doesnt make up for the fact that they KILLED THAT CHILD. that is inexcusable. and jusdging from Mr. Rivers track record he will be right back in beloit getting his fix. hes to ignorant to "learn" anything.

mymaro
Sep 4, 2008 at 11:46 a.m.
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pwrtrip, how many "mistakes" do you need to learn? the guy is a LIFELONG druggy loser. hes been to jail and throught he courts and HASNT LEARNED A THING OBVIOUSLY. The prisons may be overpopulated but im sure they could make room for trash like these people.

Pwrtrip
Sep 4, 2008 at 11:44 a.m.
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Prisons are over populated...thats why. If everyone got their deserved sentence Prisons would be the size of cities and taxes would be twice what they are. Maybe it took an accident of this calibur to wake these people up? How do you know they are not conscious now? Who hasnt learned from a mistake?

mymaro
Sep 4, 2008 at 11:37 a.m.
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maybe our new president, whomever that ends up being, needs to look at sentencing guidelines and the whole "plea bargain" system. I understand that plea bargains keep the cost down, but why charge someone with a felony and then lower it to a misdemeanor and give them a slap on the wrist? it makes no sense. These scumbags (cant think of anything else to call them) took an innocent childs life! for that there life should be spent confined in a tiny cell. why should they get to enjoy this beautiful life and that poor baby doesnt?

marymac4
Sep 4, 2008 at 11:30 a.m.
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crackhead herion addict gets away with murder in plea deal what a joke he took the life of an innocent defenseless little baby and lied from day one drove to beloit to get dope while the child lay motionless DEAD in his carseat...... HOW PATHETIC is our justice system???????

mymaro
Sep 4, 2008 at 11:10 a.m.
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In 2003, Scott County Sheriff's Deputy Jon Niemann was killed when a drunk driver crossed the center median on Interstate 494 in Plymouth and crashed into him. The 37-year-old left behind a wife and two sons.

Niemann's family was outraged when Hennepin County District Judge Diana Eagon sentenced the driver, 21-year-old Jason R. Reese, to a year in county jail and 10 years of probation.

But such sentences are far from uncommon. In Dakota County, 10 of the 16 adults convicted of criminal vehicular homicide since 1995 have received sentences that are less than recommended state guidelines. Four never saw the inside of a state prison, spending less than a year in county jail. Another two were given less than six months in jail, but later violated probation and went to jail anyway.

guess what curlysue-- NOT IN WISCONSIN and very lenient.

mymaro
Sep 4, 2008 at 11:07 a.m.
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i agree that these scumbags should get more time. but to act as if Wisconsin is the only place they would have gotten such a ridiculous sentence is ignorant at best.

mymaro
Sep 4, 2008 at 11:05 a.m.
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ok. with your examples how long will those people really be in prison? wisconsin is year for year. but those states still have early parole. wisconsin does not. also what was the previous criminal record of those you give examples on? that has a lot to do with it also. Im sure if I really wanted to I could dig up some pretty lenient sentences in EVERY state.

curlysue
Sep 4, 2008 at 11:03 a.m.
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and someone needs to be 'whining' for this poor baby who gets no justice

curlysue
Sep 4, 2008 at 11 a.m.
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example- In CA A drunk driver who on their first offence killed another driver got 15 years, not 4 as is common in WI, In AZ a guy strangled his roommate in a drunken/high stuper and got 30 years, not 4 like in WI, In IL a drugged out mother was sent to jail for 10+ years for neglecting her baby which died as a result. In WI you get a year.

purpledaisy
Sep 4, 2008 at 10:59 a.m.
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Its sad to say but this Ms. Peabody said Mr. Rivers would be a much better father then her first daughter's dad. Come on now ae you serious if u want a killer fathering your children I guess.

mymaro
Sep 4, 2008 at 10:54 a.m.
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well having lived there you should know that the number of murders and violent crimes are much higher than wisconsin so a guy getting busted for a little dope isnt as newsworthy as it is here. Living in AZ (winslow) I would see on a daily basis drunk indians passed out in the middle of the sidewalks right downtown, people (cops included) just walk around them. They rob and steal to get money when their government checks run out. and isnt texas the state where people were serving 7 years on a life sentence? i believe so. If you really dont like it here then MOVE. I have a feeling you will be whining wherever you may go.

SarahB
Sep 4, 2008 at 10:52 a.m.
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Nothing will change until voters get off their butts and hound their legislators to change the laws. Step 1: Learn your legislators names. Step 2: Get their phone numbers and/or addresses. Step 3: Contact them and complain. Start now please.

curlysue
Sep 4, 2008 at 10:44 a.m.
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FYI I've also lived in AZ for many years, and CA and IL. They must keep all the drug and alcohol murders out of the news. While living in those states I've never read stories like this over and over. Only in WI do they let people off so easily and then publish it like it's winning the lotto.

mymaro
Sep 4, 2008 at 10:31 a.m.
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curlysue, why the animosity towards wisconsin? It isnt only "this state" its the whole country in general. I lived in AZ for a few years and it was the same thing there. If you dont like wisconsin so much then LEAVE! but dont act as if its only wisconsin that lets scumbags like this walk.

curlysue
Sep 4, 2008 at 10:19 a.m.
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and this little boys death was not a 'mistake' that deserves a hand slapping! It's murder, and anyone in WI knows that if you murder while on drugs or alcohol you'll get a slap on the hand and released to 'repeat' your 'mistake over and over again. This state is very messed up!!!

mymaro
Sep 4, 2008 at 10:18 a.m.
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pwrtrip, you have issues. you commented on that little girl beign dropped off at the wrong place that it wat funny and "did she miss the short bus". now youre infering that putting these scumbags in jail wont fix anything. well at least their new child would be safe while they are locked up. and obviously Mr. Rivers doesnt learn from his mistakes. its not his first time in trouble with the law.

curlysue
Sep 4, 2008 at 10:13 a.m.
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pwrtrip says "a sentence doesnt cure or fix anything...this is primitive thinking. Why do you think most criminals are repeat offenders?" Well if criminals are in jail they can't 'repeat' can they? And maybe they 'repeat' because they know they will never do jail time, at least not in Janesville WI.

Pwrtrip
Sep 4, 2008 at 9:57 a.m.
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I agree snip snip also. But in reality what is done is done. You can sentence them 100 years or 1 year...not going to change the past. Everyone learns from mistakes. Some mistakes are greater than others. Not siding with anyone but a sentence doesnt cure or fix anything...this is primitive thinking. Why do you think most criminals are repeat offenders?

KathrynSullivan
Sep 4, 2008 at 9:57 a.m.
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I can't believe it..... How sad!

mymaro
Sep 4, 2008 at 9:48 a.m.
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are you serious they have another child? OMG. that poor poor child. it really is sad. there are so many good people out there that are unable to have children, but these scumbags are able to reproduce at will. The lord works in mysterious ways

3children
Sep 4, 2008 at 9:29 a.m.
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Maybe when they kill their new baby (born this Spring) they'll get a longer sentence.

softail
Sep 4, 2008 at 9:21 a.m.
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Sheiffer is leaving his post. It sure would be nice to see O'Leary follow. I have seen in the court record people with a couple DUI'S get a worst sentence and they did'nt even injure a
nyone.To the mother please don't bring another child into this world you are just as guilty as the father is

gina51
Sep 4, 2008 at 9 a.m.
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David O'Leary runs uncontested in every election so it's pretty hard for him not to be elected. We need someone with the guts to challenge him so things like this won't happen in Rock County.

3children
Sep 4, 2008 at 8:58 a.m.
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It's sad to see that that beautiful baby boy's life was worth so little. We miss you Isreal!!

sweet_79
Sep 4, 2008 at 8:54 a.m.
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Its so sad to keep reading the same story over and over again week after week. I dont understand how obviously the majority feels these two and many others in the news lately deserve much worse punishment but somehow the courts seem to think very differantly!?!?!? It's crazy that this father will only get this short of a sentance for neglecting his child like this, it's disguisting and wrong beyond comprehension. I'm scared for my daughter to grow up in this place sometimes because I think this will only get worse, criminals will only keep getting less and less of a punishment for worse and worse crimes. But then you see pot dealers going to jail for YEARS at a time! I dont think thats right at all!!!

campermom
Sep 4, 2008 at 8:48 a.m.
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When I got divorced I was told to go to parenting classes. This person kills a child and get parenting classes. What's wrong with this picture!!!!!!!!!!!

janesvillecomments
Sep 4, 2008 at 8:10 a.m.
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I vote with Northman. "Snip, snip" should be mandatory for both of them. Also, if they have identified the drug dealer, a charge of Accessory to Murder would be appropriate.

warm
Sep 4, 2008 at 8:09 a.m.
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Point he finger at yourselves.
The idiots of Rock county are the ones who keep voting O'Leary into office. There is no justice because of lack of education on the part of the people.

Northman
Sep 4, 2008 at 7:55 a.m.
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It’s time we started introducing sterilization into some of these sentences. Neither of these two was fit to be a parent, and should have that ability taken away from them forever. Let them go off, have their drugs, and die miserably in squalor, without killing or abusing any more innocent children.

the_rude_1
Sep 4, 2008 at 7:51 a.m.
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once again the system has failed.

pack
Sep 4, 2008 at 7:46 a.m.
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*The toddler’s father probably will serve a year in county jail and five years on probation, and the father’s girlfriend most likely will be on probation for 18 months with required counseling.*

WHAT??????? Probably????? Most likely??? That isn't even a definate. This makes me sick.

mymaro
Sep 4, 2008 at 7:41 a.m.
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im with all 3 of you. This guy is a life long LOSER!!! and his ignorance and selfishness cost an innocent childs life. and all he gets is 1 year? and she gets probation? ARE YOU SERIOUS? This is ridiculous!!!!!!!!! Guess everything is OK if youre a druggy. I mean its a disease and should forgive you for any wrong doing right? NO!!!!!!

bubbavoo
Sep 4, 2008 at 7:27 a.m.
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Parenting classes? A little late for that I'd have to say.
That poor child didn't have a chance at life.

aparentwhocares
Sep 4, 2008 at 7:17 a.m.
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thats all there going to get ...i'm ashamed of our court system...poor baby

stomskid
Sep 4, 2008 at 7:17 a.m.
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That's ALL????? what kind of message does this send to other DRUGGIES? It's ok to to go buy drugs instead of taking your child to get medical attention... 1 year in the slammer..Testify the truth? How can he remember the truth his judgment was impaired trying to get his next fix. I hope these 2 will never have another child that they can put in harms way...

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