Poor judgement.
That’s what defense attorney Brian Gagniuk said Ethel, 59, and Gary Swan, 61, along with their son Anthony Swan, 19 exhibited regarding charges of harboring an Ortonville runaway.
The Swans a Waterford Township family was back in court on Monday for a pretrial hearing after their arrest last month. Police had been pursuing the case since the youth was reported missing in October 2004. More than once the trail stopped at a Waterford Township residence where the Swan’s continually denied knowledge of the missing youth.
‘This is a good family, they did nothing to harm or hurt her,? said Gagniuk. They would like to continue a relationship with the youth after this is over. The family does not want to cause any more problems, they will not violate the court order and will do as the parents wish them to do.?
The two-year search for the missing girl ended in Waterford Township last month when the youth, now 16-years old, who had just turned 15 when she ran away from home, was spotted by a family member in a Waterford area General Dollar store.
Gagniuk said that since the Swan’s, who face charges of harboring a runaway, a one-year misdemeanor, did not ‘close their doors to the youth when it was the proper thing to do? they were displaying poor judgement.
‘That’s the word of the day, ‘poor judgement,?? said Gagniuk. ‘She was not staying with the Swans everyday, just sometimes and was treated as part of the family. Telling the authorities would have been the appropriate thing to do.?
‘The youth would like to continue living with the family if possible, they wish the best for her.?
Gagniuk a Detroit based attorney along with the Swan family appeared before Judge Richard D. Kuhn in 51 District Court on Monday. As part of the bond arrangement set on July 27 when the Swan’s turned themselves into authorities, they are not to have contact with the youth at anytime.
Oakland County Sheriff’s Detective Arnie Terrell and Brandon Schools police liaison had investigated the case.
‘Legally it’s wrong as parents to deny another family the rights to love and raise their children,? said Terrell.
‘No matter what the Swan’s say or do it’s wrong what the did by harboring the girl.?
‘The youth was taken to Children’s Village and then taken home by her father,? said Terrell. Since then she’s been in counseling and has only completed school through the eighth grade. The Swan’s claim that she had been home-schooled but no record of that exists with the Oakland Schools. As far as we are concerned she’s going to be a freshman in high school, but she’s 16 years old now. We hope she goes back.?
Since her disappearance, the youth had written at least one letter home, been spotted by a Brandon bus driver and has been in contact with at least one friend. During the course of the two year investigation the search for the youth expanded to include Goodrich, Fenton, Holly, and Linden, in addition to Brandon and Waterford townships. In January 2005 investigators obtained the phone records of a Groveland Township friend of who allegedly had contact with the youth.
A major break in the case came in June 2005 says Terrell, following a sighting of the youth..
In June 2005 the youth was spotted in Anthony’s car by a family friend. The licence plate number was copied down and it was traced to the boyfriend. At that point Ethel Swan was confronted at her home regarding the missing youth, however officers were threatened with legal action for harassment while the girl was in the house the entire time say police.
Oakland County Assistant Prosecutor Kelli Megyesi has been assigned the case.