Indiana man arrested after allegedly pinning a 7-year-old against a car seat and trying to force soap into his mouth over a curse word
Daniel Schergen, 34, is facing a felony domestic battery charge after an incident involving a seven-year-old family member in late August. According to WSBT, Schergen allegedly pinned the child against a car seat and attempted to force a bar of soap into his mouth. The two were reportedly riding in an SUV with Schergen’s girlfriend and three other children.
After the group dropped one child off at football practice, the seven-year-old used a curse word a witness described as “really bad.” Schergen allegedly had the group stop at a Kingsbury convenience store so his girlfriend could buy a bar of soap. When she returned, he allegedly tried to force it into the boy’s mouth while holding his head down.
The child kept his mouth closed during the struggle, and police said Schergen accidentally struck him in the forehead. The boy fought back by hitting and kicking Schergen. Police said the child was left screaming and crying with a small, bleeding oval mark on his forehead.
Schergen apparently told police he was trying to move away from spanking
Schergen’s girlfriend returned to the store for bandages and alcohol wipes, as the wound needed cleaning and covering, police said. Investigators also allege Schergen forced soap into the boy’s mouth on at least one prior occasion. The investigation began in September after the Indiana Department of Child Services reported suspected physical abuse to police.
Schergen claimed to investigators that the boy had issues with his temper and had been suspended from school for hitting others. He told police he had been trying to move away from spanking, preferring timeouts and talking through issues, though he admitted these methods were not always effective.
Schergen also told investigators the redness on the boy’s forehead came from holding the child’s head against the car seat. However, police said photographs taken by the boy’s mother showed that redness along with a bruise on his face.
LaPorte County Prosecutor Sean Fagan said state law allows parents to discipline their children, but not when the punishment is considered too extreme. Prosecutors in these cases always have to ask themselves, “how much is too much when it comes to the discipline of a child,” Sean Fagan said.
Schergen was arrested on a warrant in late October and released five days later after posting a $750 bond. If convicted of battery on a person less than 14 years old, he could face a prison sentence ranging from six to 30 months.
Indiana lets parents physically discipline kids, but only up to a point
Indiana has no statute spelling out a parental discipline privilege, as its courts fold reasonable discipline into the state’s legal authority defense against battery. The Indiana Supreme Court set the current standard in its 2008 ruling in Willis v. State, which lets a parent use reasonable force they reasonably believe is needed to control, train, or educate a child.
In that case, the justices voted 4-1 to vacate the battery conviction of a mother who spanked her 11-year-old son with a belt or an extension cord. The court sided with her as prosecutors failed to disprove her parental privilege claim, which Indiana treats as a complete defense to child battery, similar to self-defense.
Schergen’s six- to 30-month range appears to match Indiana’s Level 6 felony tier. Under state sentencing law, that level carries an advisory sentence of one year and a fine of up to $10,000. However, a judge can enter some Level 6 convictions as a Class A misdemeanor instead.
Schergen remains free on bond as the case moves forward in LaPorte County. If a parental privilege defense is raised, prosecutors would likely need to show the force he allegedly used went beyond what Indiana courts consider reasonable discipline.
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