By Corey Williams
Associated Press
DETROIT — Criminal charges were dismissed against a Detroit mother accused of firing a shot at police and keeping them at bay outside her home for 12 hours when they tried to remove her 13-year-old daughter.
Judge Ronald Giles dismissed the charges Monday following a preliminary examination in 36th District Court.
Maryanne Godboldo had been charged with discharging a weapon, felonious assault, resisting and obstructing an officer, and using a firearm during a felony.
An order given to Detroit police on March 24 to remove Godboldo’s physically impaired daughter, Ariana, was invalid, according to Giles, who also determined there was insufficient evidence to prove a gun was fired at officers.
The Wayne County prosecutor’s office said it will appeal.
Godboldo is pleased with Giles’ decision, but she’s “still very afraid,” defense attorney Allison Folmar said.
“They were wrong in obtaining this order,” Folmar said of the order given by Child Protective Services to police. “Maryanne is very suspicious of the state and what they’ll try to do.”
Godboldo has been battling the state Department of Human Services after she took her daughter off the anti-psychotic drug, Risperdal, which often is used to contain aggression and even treat autism.
After Godboldo refused to attend a meeting with Child Protective Services, Detroit police arrived at her home. She refused to allow them in and officers backed off after hearing a gun shot, court documents said.
Godboldo eventually surrendered. Her daughter now is living with Godboldo’s sister.
Godboldo still is fighting to regain custody.
A Wayne County Juvenile Court jury earlier this month found her guilty of neglect. That is on appeal, Folmar said.
“Getting her child from under the jurisdiction of the Wayne County court, that’s the next injustice we have to attack,” Folmar said.
A custody hearing is scheduled next month.
Copyright 2011 Associated Press