Warsaw man arrested for suspicion of battery on child, girl’s mother arrested for pot

Details have been released regarding a Warsaw man that was arrested for battery to a person under the age of 14 earlier this week.

Caleb Michael DeVine, 24, of Warsaw, was arrested Jan. 16 on felony charges of battery and neglect of a dependent.  This is DeVine’s second arrest this month. He was booked Jan. 3 for domestic battery in the presence of a child under 16 and interfering with reporting a crime.

According to the affidavit of probable cause on DeVine’s most recent arrest, on Jan. 16 a Warsaw City Police officer met with Kalyn Mayorga, her young daughter and her female roommate.

The girl had redness to both eyes, swelling to both the upper and lower lip, redness around the mouth, bruising under the chin and a significant red mark spanning from the right side of her neck to the left side of her neck that appeared like a handprint and was consistent with being choked.

Mayorga told the officer she was in the process of filing paperwork for a protective order against her boyfriend, Caleb DeVine.

She and her daughter live with DeVine, along with the other woman present at the interview.

Mayorga advised she left for work on Sunday, Jan. 15 at 6:30 pm and her daughter did not have marks or injuries at that time. DeVine was home alone babysitting for the girl until the she came home from work at 6:00 am with their other roommate. Mayorga did not check on the child when got home because the girl was sleeping.

When the Mayorga woke up at 1:00 pm, she found the girl with the injuries. Mayorga asked DeVine what happened and he said the girl fell while in the bath causing the injuries to her face and that her neck was injured from the zipper on the girl’s pajamas.

Mayorga told police DeVine told her the girl would not stop crying and throwing a fit.  He told Mayorga the child threw a plate of food at him. Mayorga advised DeVine didn’t contact anyone for medical treatment for the girl’s injuries and did not seem concerned.

Mayorga took the girl to Kosciusko Community Hospital for treatment. Police contacted Child Protective Services and they responded to the hospital. CPS was granted permission by the mother to check their residence to make sure it was in suitable condition for the child to live there.

Police went to the home using a key provided by Mayorga and found marijuana paraphernalia with burnt residue and a glass container with the odor of marijuana coming from it in the couple’s bedroom.  In the nightstand, police found a red metal smoking device with burnt residue, as well as two more glass smoking devices.

DeVine was interviewed by police who advised he was the only one present when the child was hurt. He said she hurt her neck when she hit the side of the toilet while trying to pull herself out of the bathtub and he was not sure how she hurt herself.

Mayorga, 24, was arrested Tuesday, Jan. 17 for misdemeanor possession of paraphernalia and felony neglect of a dependent. She is in the Kosciusko County Jail being held on a $5,250 bond.

 

A no contact order against the victim was issued against DeVine. His bond was set at $6,000.