Court status and charge
Holly Renee Benavidas was arraigned on three counts of second-degree child neglect and released on her own recognizance, KATU reported, citing court and jail records. She is due back in court October 9. Court records cited by the station show no prior criminal history. KATU’s report is the source for these case details.
Oregon law defines second-degree child neglect as leaving a child under 10 unattended in circumstances likely to endanger the child’s health or welfare; the offense is a Class A misdemeanor, under ORS 163.545. A conviction also requires proof of criminal negligence. In discussing that standard, the Oregon Court of Appeals has described it as a failure to recognize a substantial, unjustifiable risk that amounts to a gross departure from reasonable care, in State v. Negrete.
Police account
According to KATU’s account of court documents, a bartender told police that customers had reported children alone in a vehicle outside Division Sports Pub at least 40 minutes before officers arrived. The bartender also said Benavidas had been served four tequilas and two mimosas that night.
Officers responding to a welfare check shortly after 12:30 a.m. on September 22 found three children—a five-year-old girl, a four-year-old girl and a two-year-old boy—in a silver Ford Explorer. KATU reported that an officer first saw two toddlers moving around and honking the horn before finding all three children in the SUV. The vehicle was registered to Benavidas, 27, whom officers located inside the pub. She confirmed the children were hers and said a friend was coming to get them, according to the station.
KATU reported that officers described Benavidas as speaking with slurred speech, appearing emotional and having a strong odor of alcohol on her breath. The friend told police that Benavidas contacted her only after officers had arrived. These incident details remain based on KATU’s reporting of police and court materials, rather than independent reporting for this article.
