State of Iowa v. Charles Andrew Tewes
20-0990
| Iowa Ct. App. | Sep 22, 2021Background
- Charles Tewes and his ex-wife met at a convenience store on June 14, 2019, to exchange weekend parenting time for two children (T.T., 11; B.T., 6).
- T.T. refused to go with Tewes; an argument ensued and Tewes became aggressive toward Jennifer and patrons.
- As Jennifer tried to leave holding the boys’ hands, Tewes grabbed B.T.’s arm, pulled him away (momentarily lifting him off the floor), and a physical struggle ensued where each parent held part of B.T. above the tile floor before Tewes wrenched him free and shoved Jennifer.
- Store video (no sound) and eyewitness testimony were admitted; witnesses described intimidation and that the incident was traumatic; Jennifer testified B.T. later reported his arm was nearly ripped and that his head hurt; B.T. received counseling.
- Tewes was charged with child endangerment, tried to the bench, convicted by the district court, and appealed raising a sufficiency-of-the-evidence challenge.
- The appellate court accepted that the record did not support the court’s finding of a bruise on B.T.’s arm but affirmed the conviction based on the substantial-risk standard for physical and emotional harm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proved Tewes acted with knowledge creating a "substantial risk" to B.T.’s physical, mental, or emotional health or safety | The struggle—grabbing and lifting B.T., risk of dropping, and witnessing the shove—created a real, articulable risk of physical and emotional harm to the child | Tewes argued the facts did not rise to substantial-risk level; disputed factual findings (e.g., the bruise) and minimized emotional impact on B.T. | Court affirmed: even absent the bruise, lifting/struggling over a child and the parent being shoved in front of the child established a substantial risk to B.T.’s physical and emotional well-being |
Key Cases Cited
- State v. Thomas, 561 N.W.2d 37 (Iowa 1997) (standard for reviewing sufficiency of the evidence)
- State v. Abbas, 561 N.W.2d 72 (Iowa 1997) (bench-trial preservation and related procedural principles)
- State v. Anspach, 627 N.W.2d 227 (Iowa 2001) (defines "substantial risk" as a real or articulable possibility of danger)
- In re L.H., 904 N.W.2d 145 (Iowa 2017) (discusses potential for lasting emotional/psychological harm to children exposed to domestic violence)