BUCYRUS—Diane Ross, 50, currently residing in Marion but formerly from Galion, appeared in Crawford County Common Pleas Court on Thursday to face allegations that she violated her personal recognizance bond.

Ross was indicted on charges of child endangerment, a felony of the third degree punishable with up to 36 months in prison.

The charges result from an incident on May 18th. According to reports, someone from the home called 911 but then hung up. As emergency personnel were tracing the call, Avita Hospital informed them they were treating a toddler with a gunshot wound to the face.

The child was transported by medical life flight to Children’s hospital but succumbed to his injuries on route.

According to charges, the child and his family lived with Ross. The gun was allegedly left within the toddler’s reach, and he shot himself in the face.

At the time of her indictment, Assistant Prosecutor Ryan Hoovler told the court that because of Ross’ cooperation in the investigation and the fact that she had no criminal history, he would agree to a personal recognizance bond.

Crawford County Common Pleas Court Judge Sean Leuthold agreed to the bond with strict conditions. Those conditions included no weapons in the home, no juveniles living in the house, and a drug and alcohol assessment to rule out that they were not a factor in the case.

“This is a very serious case. I want to be clear… there had better not be any weapons in that house; not a knife, not a gun, not a club…nothing. I want a drug and alcohol assessment immediately. I will give you until next Monday to work out the living arrangements.” Leuthold said.

Despite those conditions set out on June 1st, Ross was discovered in the house with the children when an alleged domestic violence incident occurred.

Ross’ attorney Adam Stone took responsibility for the fact that his client was present in the house. He explained to the court that his client had moved out of the home but had returned to visit family. Stone contended he made a misrepresentation to his client about whether or not she could go back and visit. Stone apologized and said he advised his client without reviewing the actual record. He asked the court not to make his client pay for his (Stone’s) mistake.

Assistant Prosecutor Ryan Hoovler was unmoved by Stone’s plea. Hoovler pointed out that Ross was present in court, and the conditions of the bond were made very clear. He also noted that while Ross was there (in the presence of the children she was ordered to have no contact with), a violation of law took place.

“A young child died because of the allegations in the indictment. No contact with children was central to the personal recognizance bond. I would seek a cash bond.” Hoovler said.

Stone admitted that his client was in the home but said she had nothing to do with the domestic violence incident:
“There were two kids in the house. We take full responsibility for not walking away when she realized the children were in the house.” Stone said.

Stone reported to the court that his client was living in Marion. He said she had completed the required drug and alcohol assessment. He said Ross is receiving mental health and grief counseling.

“While I appreciate Mr. Stone’s attempt to assume the blame, Mr. Hooveler is right. She was here, and she heard what I said. She wasn’t supposed to be around kids. I said I’d take a look at that after thirty days, but instead, we have a serious violation and not a good situation for children to be in.” Leuthold said.

Rather than set a high cash bond, Leuthold decided to give Ross an opportunity for strict house arrest on the condition she pays the costs for it. Stone said his client would be willing to pay for the house arrest.

Judge Leuthold ordered Ross placed on house arrest immediately. She may only leave the residence to go to court and to meet with her attorney.

“No children are to be brought to that house. If I find out children were at that house, I will take the next step and set a high cash bond.” Leuthold said.

Ross was ordered to secure the house arrest before leaving court Thursday.

“This is a blatant violation of a very important court order. House arrest starts now.” Leuthold said.