Deschutes prosecutor who forgot baby in car won’t be charged

Oregon’s attorney general has declined to file child neglect charges against a Deschutes County prosecutor who forgot his sleeping child in his car when he went to work, Deschutes County District Attorney John Hummel said Wednesday.

On Thursday, May 30, alerted by others in the area, Bend police discovered a baby in a car seat in the back seat of a car parked near the DA’s office, Hummel noted.

Deputy District Attorney Evander (Van) McIver, the child’s father, apparently forgot that his sleeping child was in the car when he went to work, the DA said in a news release.

” Fortunately, the child was uninjured and is in excellent health, ” he added.

Bend police issued McIver a citation for the misdemeanor offense of second-degree child neglect. Hummel referred the matter to Oregon Attorney General Rosenblum for further investigation and for her to make the decision as to whether to charge McIver with a crime.

The attorney general’s investigation included a review of the initial investigation conducted by the Bend Police Department and a review of the investigation conducted by the state Department of Human Services.

In addition, Hummel said, the attorney general’s team conducted interviews of McIver and his spouse, and of employees at the preschool and day care attended by their children. They also reviewed records from the children’s care providers.

On Tuesday, Hummel said he was informed by Rosenblum’s office that they completed their review and concluded that “there is insufficient evidence to prove criminal charges beyond a reasonable doubt.”

As a result, the DA said, the attorney general will not file criminal charges and the case is closed.

After reviewing the facts and the law, the attorney general concluded that: “the evidence is consistent with Mr. McIver’s explanation that he had forgotten his child in the car.”

Rosenblum said she “could not prove beyond a reasonable doubt that Mr. McIver’s failure to recognize the risk that he would forget his child was a gross deviation from the standard of care exercised by a reasonable person,” which is the legal standard required to convict someone of the crime of child neglect in these circumstances.

McIver has been on administrative leave during the investigation. Hummel said he will return to work Thursday morning.

Hummel also issued this statement:

” Nothing is more precious than the safety of all children in our community. I commend the Bend Police Department and the attorney general for conducting a thorough and professional investigation into this important matter. ”

” Van is one of my most valued employees, and I look forward to having him back in the office and working his tail off to deliver safety and justice for our community. ”

” In addition to being a dedicated and effective public servant, Van is first and foremost a father to his children. The mistake he made on May 31st will forever be a part of his life. But the role model he has always been for his kids, and always will be, is what will define him. ”

McIver, 48 and a father of four, talked with NewsChannel 21 last month about what happened and how he’d left his 1-year-old son in the car when he went to work. The baby was spotted and rescued from the car about five hours later.

” I’m well aware of the dangers of this, ” he said. ” I’m mortified. I’m not making light of it. I was just so thankful it was an overcast day. ”