Schumm diversion documents detail 'spanking' of 12-year-old with a belt, leaving cuts around eye

Documents filed Thursday morning in district court

By Steve Fry

steve.fry@cjonline.com

When a 12-year-old son in the home of Jonathan Schumm violated an unspecified "household rule," he was ordered to disrobe down to his underwear, then was "spanked" with a belt, leaving cuts around an eye, a diversion record filed Thursday said.

The boy suffered the "consequence" — the spanking — some time between Oct. 7 and Oct. 11, 2015, according to stipulated facts in a diversion agreement signed by defendants Jonathan Schumm and Allison Schumm, his wife.

The boy was "spanked" with a belt with metal parts running the length of the belt, the stipulated facts said.

The boy was struck on his buttocks, back, head and face, leaving cuts around an eye, the agreement said.

"After the spanking, I also held (the boy) down on the floor, put both my hands around his neck, and squeezed which compromised (his) circulatory system and made him feel as if he was being strangled," the stipulated facts said.

Those acts "justify" the aggravated battery and child abuse charges "as levied against me," the diversion agreement said.

As part of their diversion agreements, former Topeka Councilman Jonathan Schumm and Allison Schumm must remain crime-free for two years and must undergo evaluations through a batterer intervention program.

The diversion agreements for the Schumms were filed in the Shawnee County Clerk of the Court office early on Thursday. Each agreement was signed by the defendant, a prosecutor, and a defense attorney.

The eight-page documents for each Schumm are identical other than Jonathan Schumm's agreement to step down from public office. Throughout the case, Allison Schumm was charged with aiding her husband.

"As part of the consideration of this diversion agreement, I hereby agree to resign my office as council member for the City of Topeka no more than 14 days after this agreement is fully executed," Jonathan Schumm's diversion reads.

Near the end of the weekly council meeting Tuesday night, Jonathan Schumm announced his resignation, which took effect at noon Wednesday. Schumm said at the council meeting he was leaving office in order to best serve his family’s needs and as part of an agreement with the district attorney.

Per the evaluation requirement, each Schumm must undergo the examination within 60 days of the filing of the diversion agreement. Each Schumm must follow all recommendations made in the evaluation, and failure to attend any related class would be a violation of the diversion agreement.

In the diversion, Jonathan Schumm agreed that the crime of abuse of a child is "a crime of moral turpitude" and by admitting to the underlying facts in the child abuse charge, he is subject to being ousted from office as a council member.

In the diversion agreement, the Schumms stipulated to all the witness statements to establish the charges of aggravated battery, abuse of a child and four counts of endangering a child, all in case the "diversion is terminated unsuccessfully."

The alternative charges of aggravated battery and child abuse are felonies, and the endangering counts are misdemeanors.

In a diversion, a defendant, who must be a first-time offender, applies to the district attorney’s office to enter a program in which he or she agrees to complete a series of requirements.

If a defendant successfully completes the requirements, the charge or charges are dismissed "with prejudice," meaning they can't be refiled, and the defendant won’t have a conviction.

If the defendant violates a condition of diversion, the district attorney can revoke or modify any condition, change the length of time for the diversion, or revoke the agreement and ask the court to reinstate the case for trial.

On Thursday, Theresa Freed, communications director for the Department for Children and Families, said she couldn't discuss the status of the 17 children.

"We're not allowed to talk about any cases involving kids," Freed said.

Generally speaking, the DCF investigates reports of abuse and neglect of children, then submits a recommendation to the district attorney, Freed said.

The district attorney then would submit the recommendation to a district judge, who decides whether the child will remain outside the home or will be returned to the home, Freed said.

The diversion agreements also said:

■ The defendants received 377 pages of evidence and several videos from prosecutors.

■ The diversion fee, court cost, and other fees for each defendant total $538.

Steve Fry can be reached at (785) 295-1206 or steve.fry@cjonline.com.
Follow Steve on Twitter @@TCJCourtsNCrime.