A woman accused of kidnapping a child from a South Jersey apartment complex and taking him out of state allegedly drove around the housing complex first and asked people if they were the child’s parents.
That claim was discussed during a probable cause and detention hearing Tuesday morning for Daishaliz Velez Fernandez.
Velez Fernandez, 25, is accused of taking a 4-year-old boy from Harvest Point Apartments in Salem City on May 9.
The defendant, who resides at the same apartment complex but has no connection to the child, allegedly took the boy without the consent of a parent and drove to a Walmart store in Pennsylvania before ending up in Delaware, according to prosecutors.
Police were able to make phone contact with the woman and remained on the phone with her until she was located in New Castle, Delaware, about five hours after the child disappeared. The boy was found in the woman’s car and returned to his family.
The woman was ordered jailed pending trial during Tuesday’s hearing, with the judge citing unanswered questions over the defendant’s mental health.
Velez Fernandez, who is charged with first-degree kidnapping and third-degree endangering the welfare of a child, was recently extradited from Delaware to New Jersey and remained in Salem County Correctional Facility on Tuesday.
Public defender Eric McKinley challenged probable cause for the kidnapping charge, arguing that no evidence has been presented that his client intended to permanently deprive the boy’s parents of custody of the child, as the charge requires.
“In fact, it’s asserted that Ms. Velez Fernandez drives around with the child and at one point asks people in the (apartment complex) whether or not the child belongs to them, presumably so she can give the child back,” the attorney said.
McKinley also stated that the child was unsupervised when he was taken.
“This event was a singular event wherein a child wasn’t being supervised by their parents and wandered off and then the rest of the scenario unfolded,” the attorney said.
When contacted by police, his client cooperated with them, McKinley added.
On the probable cause issue, Salem County Assistant Prosecutor Marianne Morroni argued that the boy was taken without the permission of his family and that the child was only returned because police intervened.
Superior Court Judge Kevin Smith found that the prosecution established probable cause for the first-degree charge, for which Velez Fernandez faces 15 to 30 years in prison if convicted.
On the issue of detention, McKinley noted that Velez Fernandez has no prior criminal record and that the court’s public safety assessment recommended her pre-trial release.
He asked the judge to follow that recommendation, saying this was a one-time event and not a sign Velez Fernandez is a danger to the community or the boy. He also said the judge could order her release with conditions to ensure she abides by court rules.
The prosecutor challenged that, saying the circumstances of the incident warranted detention, as do questions about the defendant’s mental state.
“There has been some indication of a mental health disorder that may be present here,” Morroni said. “Until that has been adequately addressed, it would be a danger to the community to release this defendant when these types of charges are pending.”
The judge acknowledged the troubling nature of the alleged crime and addressed the point the defense made about Velez Fernandez asking people at the apartment if they knew the child’s parents.
In one instance, Smith described a witness who reported he was approached by Velez Fernandez and that he had told her she should go to the apartment security station or main office about the child. Instead, she chose to leave the state, the judge noted.
Smith also questioned her supposed cooperation with law enforcement, saying officers had to search in multiple states because Velez Fernandez was not helpful.
“She told law enforcement she was in a Walmart parking lot and seemed to jokingly say law enforcement did not know which Walmart,” Smith said. “They searched local Walmarts within the area in New Jersey and through investigative means was able to determine that she was in Delaware.”
Whether any mental issue is a contributing factor to her conduct is not known at this point, and it’s not clear if she targeted the boy specifically or randomly took a child, the judge said.
“Until such time as we gain a greater understanding of her mental health and those circumstances contributing to her behavior, both the victim and the community must be protected,” Smith said.
He ordered Velez Fernandez jailed pending trial, but left the door open to a possible reconsideration if more information can be provided about her mental health status that would address the court’s concerns.
She is due back in court Sept. 8 for a pre-indictment conference on her charges.
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Matt Gray may be reached at mgray@njadvancemedia.com.
N.J. woman accused of kidnapping 4-year-old boy ordered jailed pending trial - NJ.com
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