CENTER, TX (KTRE) - A Shelby County grand jury indicted the couple accused of whipping a 4-year-old, making him drink his own urine, and locking him in a dog kennel.
Matthew McMahon, 28, and Randa Askew McMahon, both of Shelbyville, were each indicted on a first-degree felony injury to a child charge when the Shelby County grand jury met back in July. The Shelby County District Attorney's office released the grand jury indictment list on Monday.
The texts of the couple's indictments state that their actions caused the boy's potassium, protein, and albumin numbers to fall to very low levels. They also state that his potassium dropped to a dangerous, life-threatening level because of the "chronic nutritional deficiency."
Matthew and Rand McMahon were arrested in Somervell County on June 2, and they were transferred to the Shelby County Jail on June 12, according to arrest records. Shelby County, the arrest affidavits became open record and KTRE obtained the paperwork on June 15 after filing an open records request to Justice of the Peace Pct. 3 Margie Anderson.
One of the affidavits details more allegations of abuse, stating Randa McMahon, who is the child's stepmother, would also deprive the child of water and make him drink his own urine.
Witnesses say Randa McMahon did this as a way to punish the boy for going to the bathroom on himself and for not eating his meals.
The affidavit states the investigation began on May 29, when an investigator checked into a report of the boy being kept inside a dog kennel and locked inside a closet as a means of discipline.
Investigators tried to see the child, but they learned he and his step-mother were in North Carolina. They then decided to interview Randa McMahon's other three children, two adult women and a teen-aged boy.
The investigator interviewed the teen-aged boy, who lived with the family between November 2016 and March 2017. He said his mother would force the boy to sleep in a large dog kennel because he would go to the bathroom on himself and would even do it after staying in the kennel "for prolonged periods of time."
The teenager said the boy was also forced to be in an enclosed cargo trailer and on one occasion was in there with no food or drink for up to 24 hours. He said the boy was taken out of the trailer for lunch, but he would not eat lunch and so he was then put back in the trailer until the next morning.
He said the boy was deprived of water for long periods of time, sometimes up to several days. He also said the boy was whipped with a stick until his bottom bled. He also said the boy was once forced to drink his own urine as punishment for urinating on himself. He said his step-father was supportive in his wife's treatment of the boy.
Investigators interviewed one of the adult daughters on June 1 and reported she had a positive relationship with her mother and confirmed many of the allegations the teenager made, but justified them, saying "this was OK because children could safely go for several days without water." She also claimed the boy would break into the refrigerator at night to get something to drink. She said the boy refuses to eat food often, so her mother withholds liquid from him over a "very long period of time," only giving him an ounce or so of water over that time.
The second adult daughter also has a positive relationship with her mother and said the boy "has a problem with not wanting to eat" and did not get water as punishment for not eating, according to the affidavit. She said the boy was "a terrible child, was jealous, and was driving her" and her sister away from her mother. She also said the boy was beyond spoiled by his grandparents, according to the affidavit. However, investigators learned the boy rarely, if ever, got to see his grandparents.
The affidavit concludes that investigators determined Matthew McMahon was aware and supported his wife's actions and is just as criminally liable.
Shari M. Pulliam, a spokeswoman for Child Protective Services, said CPS took custody of the boy, and he has been placed with other family members.
The Shelby County grand jury also indicted the 37-year-old Hemphill man who has filed an excessive force lawsuit against the Center Police Department and the City of Center. Kenith Wyatt Windham was indicted on aggravated assault and escape charges in connection to allegations that he injured a police officer while he was resisting arrest on Jan. 21 and escaped custody.
The text of the indictment states that Windham caused serious bodily injury to the officer by fighting him when the officer tried to take him into custody. It also states that he hurt the officer's hip, leg, and knee.
The aggravated assault charge has been enhanced to a first-degree felony because a Shelby County jury convicted Windham of aggravated assault with a deadly weapon in September of 2007. On a similar note, the escape charge has been enhanced to a second-degree felony.
The lawsuit Windham's attorney filed on his behalf in August specifically names two Center PD officers, including the one that Windham, allegedly assaulted. The lawsuit claims that one of the officers used mixed martial arts moves on him and broke several bones in his face.
In addition, the grand jury indicted the man who allegedly got into an argument with his girlfriend and shot at her when she tried to drive away with her 3-year-old daughter in the car with her back in August of 2016.
Antonio Aguilar was indicted on five felony charges - two counts of aggravated assault with a deadly weapon, retaliation, unlawful possession of a firearm by a felon, and delivery of a simulated controlled substance.