KANSAS CITY, Mo. — Jackson County Legislator Manuel Abarca was charged Wednesday with one count of domestic battery in connection with an incident last Thursday in Shawnee.
The charge comes on the same day a Kansas City, Missouri, Municipal Court judge found Abarca in violation of a protection order. Court records state Abarca failed to return his two-year-old son to his wife, who filed the protection order.
The Johnson County, Kansas, District Attorney’s Office filed the misdemeanor charge Wednesday.
Abarca and his two-year-old son were reported missing over the weekend. KSHB 41 News learned Abarca's wife hadn't seen him or their child since last week. Abarca appeared virtually at the Jackson County Legislature meeting on Monday, but Shawnee Police said on Tuesday they weren't able to verify his or his child's well being in person.
Online jail records indicate Abarca was arrested just after 1:30 p.m. and booked into the Johnson County Jail around 2:15 p.m. Wednesday.
The records indicate Abarca posted a $1,500 personal recognizance bond and was released just before 3:30 p.m.
The domestic battery incident allegedly happened on May 29th, where Abarca caused physical contact with his wife in a "rude, insulting or angry manner," according to court documents.
KSHB 41 government accountability reporter Isabella Ledonne reached out to criminal defense attorney Brandan Davies at Roth Davies Law Firm to get a better understanding of what the charge means.
"People think that it means that you punch somebody or hit somebody, that's not what it means," Davies said. "It's just a touching done in a rude, angry or insulting manner."
Davies explained there doesn't have to be bruising, bleeding or physical harm to count as domestic battery.
"The problem is it's just not that specific," Davies said. "It really is a judgment call by the trier of fact on any given specific case."
But if convicted, it can come with serious consequences, like six months of jail time or probation.
"[The accused] have the other kind of overarching situation of what about my position in the community?" Davies said. "Is that going to be impacted?"
KSHB 41 News reached out to County Executive Frank White, Jr. regarding Abarca's elected public official position, but he did not respond to our request for comment.
Because Abarca is also charged in Missouri with violating a protective order after the domestic battery incident, Davies explained he may not be eligible for a rehab program known as diversion. It's an alternative to going to court and going through the legal process.
"You can [then] choose to have a jury trial in which six people out of the community come and hear the evidence and say they just have to make the tough call of it was either a rude touching or not," Davies said.
Abarca released a statement a few hours after his release, which reads below:
This is a matter of current litigation, so, unfortunately, there is not much I can say about this case at this time. However, I will say that I love my children more than anything, and I will always put them first. I hope that this issue is decided quickly so that the entire story can be told.
Shawnee Police told KSHB 41 News on Wednesday evening the two-year-old boy and Abarca are safe.
A court hearing was set in the case in Johnson County on June 5, though a time was not immediately available. Abarca has a hearing in Jackson County in July.
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