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Michael Van Boening is no longer facing charges for leaving his infant daughter home alone but does still have three cases of driving under the influence pending.
Van Boening, 23, of Grand Island had a charge of misdemeanor child abuse dismissed earlier this month.
The charge stems from a Jan. 26 incident in which his girlfriend, Amber Schmidt, returned to their apartment and found their infant daughter home alone.
According to court documents and trial testimony, the baby, who was born May 10, 2007, was asleep in a "bouncy chair" and Van Boening wasn't in the home. Schmidt had returned from work at about 2 a.m.
Schmidt called her mother, who then called the police. Van Boening returned to the apartment shortly before a Grand Island police officer arrived, according to court testimony.
According to the state's brief, Van Boening first said he left before Schmidt got home. He then changed his story and said he was outside smoking and left when he saw Schmidt arrive.
A couple of days after the incident, Schmidt told police the baby hadn't been strapped into the seat because the strap was broken. She also told police the baby was capable of rolling and pulling herself around the apartment, a statement she later denied making, according to the state's brief.
The defense argued that Van Boening only left the baby alone for two to three minutes, something many parents have done while hanging laundry or taking garbage out, according to the defendant's argument filed in Hall County Court.
The defense also pointed out that the baby was asleep and not harmed in the incident.
According to Hall County Judge David Bush's decision, filed April 9, evidence suggests Van Boening left the child alone for a short period. While this is "probably not a good idea to do so, the court is mindful of the fact that even the most accomplished parents sometimes leave infants unattended for short periods of time to perform simple tasks."
Bush ruled that the state hadn't met its burden of proof to show that the baby was "exposed to danger or the peril of probable harm or loss" necessary to convict Van Boening of misdemeanor child abuse. The case was dismissed.
Van Boening was scheduled to be in York County on Wednesday for a pretrial for a Feb. 24 arrest for DUI. That hearing was continued to 9:30 a.m. May 7.
He was also scheduled to be in Hamilton County Court Tuesday to enter a plea for DUI for a Feb. 10 arrest in that county. The case was continued because Van Boening is in custody in Hall County. No new date has been set in that case.
Van Boening also faces DUI and felony child abuse charges for driving drunk with his daughter in the car on Jan. 20. That case is pending in Hall County District Court.
His daughter is currently in foster care.
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