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MURRAY — A woman accused of taking her 15-month-old son during a supervised visit Monday was located in Spokane, Wash., Tuesday.
Deputies with the Spokane County Sheriff's Office said Lady Marks and her son, Giovanni, were found at a home that appears to belong to Marks' father.
"Deputies were able to look inside the residence. The child was fine. It was a clean environment," said Spokane County Sheriff's Deputy Craig Chamberlin.
Chamberlin said because the case is a custody issue and not a kidnapping — and because the child seemed to be OK — deputies did not have the legal authority to take Giovanni into protective custody. Washington investigators are waiting for police in Murray to get the necessary court order to do that, he said.
"So as it stands right now, even if we do arrest mom, more likely the child will stay with grandpa at the residence," Chamberlin said.
As it stands right now, even if we do arrest mom, more likely the child will stay with grandpa at the residence.
–Deputy Craig Chamberlin, Spokane Co. Sheriff's Office
Murray police got an arrest warrant for Marks Monday. According to the probable cause statement, the baby's paternal grandmother left Marks alone with Giovanni for a moment to use the restroom; when she returned to the room, Marks and the child were gone.
The PC statement also said investigators pinged Marks' cell phone to see if they could find her. A detective "learned that the defendant's cellphone number had pinged several cell towers in Montana in route to Washington State," the statement said.
The child's father also told Murray detectives that Marks may be going to a home in Spokane.
When deputies in Spokane went to that home, Marks stated that "she was not going to turn the child over," the PC statement said.
Murray police officer Kenny Bass said his department is glad Marks and the baby have been found, but the family won't rest easy until the boy is in protective custody.
"I still think that there's enough concern that we're trying to get a hold of this child as soon as possible," Bass said.
Authorities in Spokane said they can arrest Marks but have been asked by Murray police to wait until they can get the necessary court order to take Giovanni into protective custody.
Contributing: Haley Smith
