Case Dismissed Against Kidnapping Suspect

By James Gilbert, The Sun, Yuma, Ariz.

Feb. 8–A criminal case has been dismissed against a Foothills woman who allegedly tried to flee from a church nursery with another woman’s 8-week-old son, according to the Yuma County Attorney’s Office.

“The case has been dismissed, without prejudice, for now,” Chief Criminal Deputy County Attorney Roger Nelson said Tuesday. “But we may refile it again later.”

Nelson said Marya Starbuck, 30, of 11456 E. 30th Place, who had previously been charged with one felony count of kidnapping in the incident, has been referred to The Excel Group for mental competency proceedings.

“I can’t comment on the hearings because they are confidential,” Nelson said. “That’s all I can say.”

Under Arizona law, a person cannot be prosecuted for a crime if determined to be mentally ill or unable to understand the proceedings against them and assist in their own defense.

However, they can be charged later if they are ever determined to be restored to competency.

According to court records, Starbuck, who recently moved to Yuma, was at the Church of Jesus Christ of Latter-day Saints at 2895 S. 8th Ave. on Jan. 7 when she asked the mother, a church member, if she could hold her baby.

The baby’s mother, believing Starbuck was also a member of the church, gave her the child to hold, according to court records.

After several minutes, the mother asked to have her baby back, but Starbuck refused, telling the mother that the child was hers and that the mother had actually kidnapped the child from her, according to court records.

Eventually the church bishop was summoned to the nursery area, court records indicated, and demanded Starbuck return the baby to his mother, but she refused a second time.

At this point, Starbuck tried leaving the church, but the bishop recovered the child by talking Starbuck into letting him hold the baby, court records indicated. The baby was not injured in the incident.

Starbuck called police to report the others on the church premises were trespassing, court records said. Police officers who responded to the trespassing report instead arrested her on suspicion of kidnapping, records stated.

Starbuck, who was supposed to be arraigned in Yuma County Superior Court last Friday, was instead referred to Excel.

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Copyright (c) 2006, The Sun, Yuma, Ariz.

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