CLEARFIELD – A Philipsburg man will stand trial for allegedly failing to supervise a three-year-old boy who got out of his residence and who was found wandering around the Hillcrest Commons area.
Colt M. Kramer Sr., 30, of Philipsburg has been charged with endangering the welfare of children, a misdemeanor of the first degree. It was held for court Wednesday after a preliminary hearing before Magisterial District Judge Richard Ireland. Bail was originally set at $10,000 but was modified to $5,000 at his hearing.
Deputy Sheriff George DeHaven testified first on behalf of the commonwealth. Around 9:50 a.m. Feb. 8, he said he and his partner, Traci Winters, were in the Hillcrest Commons area on a warrant service. They were flagged down about a child who was allegedly wandering down the road near Centre and Hill streets in Chester Hill.
DeHaven said he and Winters responded to the area and located a three-year-old boy who was allegedly spotted by a female approximately one tenth of a mile from his residence.
According to DeHaven, a female was a caregiver at a residence in the area. She went outside to feed the resident’s cat when she observed the boy, he said.
DeHaven said they subsequently transported the boy to the Hillcrest Commons Office. He said they were then advised by staff of the boy’s residence and responded to attempt to locate a parent or guardian.
When they “beat on the door” and didn’t get any answer, DeHaven said as deputy sheriff he decided to contact the county’s Children & Youth Services. “We had no idea where his mother was,” he testified.
Eventually, DeHaven said the boy’s mother showed up at the Hillcrest Commons Office. He said she told him when she left to take her daughter to school and then to stop at the store, she told Kramer, who was upstairs, that her son was downstairs watching television. DeHaven said she told him Kramer was to be supervising her son.
Kramer, who represented himself at the hearing, asked DeHaven why he didn’t interview him about the alleged incident. DeHaven said he attempted to make contact with him; however, he failed to answer the door at the residence after he beat on it for five to 10 minutes.
“Did you ever think that was because I was sleeping?” asked Kramer. DeHaven said no, adding if he was to be supervising a three-year-old, he should not have been sleeping.
Then, Kramer asked DeHaven if he had ever arrested someone for committing a crime while they were sleeping. DeHaven told Kramer that he was to be supervising the boy, and it didn’t matter if he was or wasn’t sleeping.
DeHaven went on to say that the boy was able to get out of the residence, and he was out wandering about without any adult supervision. He said it put the boy’s life in danger.
Kramer called the boy’s mother to testify in his defense. She said she didn’t feel Kramer was responsible and that it was just a “freak accident” because Kramer would never put her son in harm’s way and loves him.
According to her, she left to take her daughter to school and both her son and Kramer were sleeping. She said she assumed that when she returned, they would both be sleeping. When asked about information in the affidavit, she denied telling deputies that Kramer was upstairs and her son was watching TV downstairs.
“I don’t see how anyone could be responsible,” the mother testified. When her son woke up she said he obviously wasn’t able to find her, didn’t wake up Kramer and was able to get out of the residence. “It was a freak accident.”
She said it has happened to her before with a different child, and CYS told her to put a lock on her door. “There wasn’t anyone imprisoned over it,” she added. “I don’t know how I could have left him [Kramer] in charge because he was sleeping.”
The mother then said if anyone was responsible for what happened that day, it was her. She said she assumed since both Kramer and her son were sleeping that they would be sleeping when she got back or that her son would wake up Kramer like he usually does.
When asked later under cross-examination, she said before leaving the residence, she told Kramer, who was asleep, that she was taking her daughter to school and stopping at the store. However, she said she only got a slight response/gesture from him.
The mother added that she didn’t believe Kramer was even aware that she was leaving the residence and again attempted to take responsibility for her decision. Under re-direct by Kramer, she said she’s left the child with him other times while both were sleeping, and the child didn’t get out of the residence.
In his closing, Kramer said he didn’t see how he could be held responsible, as he couldn’t have been a parent/guardian for the boy if he was sleeping. “I have never heard of committing a crime while sleeping,” he argued. Kramer also accused the deputies for “having it out for him.”
Assistant District Attorney Ryan Dobo countered, saying the boy was left in Kramer’s care. He said deputies found the child wandering around a distance away from his residence, and his life was put in danger because Kramer failed to supervise him.
Ireland then returned the endangering the welfare of a child charge to court due to Kramer neglecting to watch the boy who was left in his care. He also strongly advised Kramer to seek counsel to represent him at future court proceedings for the case.
