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The Franklin News-Post
P. O. Box 250
310 Main Street, SW
Rocky Mount, Virginia 24151
540-483-5113
Fax: 540-483-8013

Father of infant charged with neglect
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James Austin

Friday, December 4, 2009

By K.A. WAGONER - Staff Writer

The 7-week-old girl who was allegedly abducted by her father early Wednesday morning suffered no injuries.

Kirsten Julia Austin was released from Carilion Roanoke Memorial Hospital Wednesday, according to Lt. Steve McGuire with the Franklin County Sheriff's Department.

The baby's father, James Jeffrey Austin, 21, of Rocky Mount, is charged with child neglect, assault and driving with a suspended license, said Sheriff Ewell Hunt.

The baby was located about 1 p.m. at the residence of a relative of Austin on Patterson Avenue in Roanoke, McGuire said. She appeared to be unharmed. However, Investigator Sandra Ingram requested that the baby be transported to the hospital for a medical examination.

The ordeal began when Franklin County deputies and Rocky Mount officers responded to a call about 4:30 a.m. at an apartment on Wray's Chapel Road in Rocky Mount, Hunt said. A neighbor reported that the baby's parents, Austin and April M. Foley, were fighting loudly.

The deputies convinced Foley to leave with the infant, McGuire said. Foley went to her mother's residence in Ferrum.

Shortly after Foley arrived at her mother's house on Rambling Rose Road, Austin showed up and took the infant, who was asleep in her car seat, Hunt said.

Austin left with the infant in a white, 1998 Chevrolet Cavalier, which was not equipped with a car seat, McGuire said.

Foley called the police again at 5:47 a.m. to report the incident, McGuire said. Deputies immediately began the search for Austin and the baby.

When Foley and other family members came into the sheriff's department later Wednesday morning to obtain warrants, they spoke with Ingram around 10 a.m. Ingram determined that an Amber Alert was warranted when she learned of the alleged aggressive nature in which the baby was removed from the vehicle and transported unrestrained, McGuire said.

Foley's mother told investigators that she was assaulted by Austin when she stood between him and the vehicle, where the baby was sleeping. She said Austin picked up the baby by her left arm and "threw" her into the passenger seat of the Cavalier, McGuire said. She said the baby began to cry loudly.

Investigators also learned that Austin was driving with a suspended license, McGuire said.

While the investigators were gathering information for the Amber Alert from family members, Ingram received information about Austin's possible location, McGuire said. Ingram contacted the Roanoke City Police Department, and officers responded to the Patterson Avenue address, where the officers located Austin and the baby.

The incident is still under investigation, Hunt said, adding that other charges may be placed against Austin.

 
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