Key Facts
- Defendants
- Licha Faye Ortiz, 54, and Manuel Ortiz Jr., 69, of Beverly
- Charges
- Child abuse creating risk of bodily injury and conspiracy (felonies)
- Bond
- $150,000 cash-only each
- Incident Date
- July 28 (tip received)
- Victim Age
- 11 years old
- Location
- Schoonover Hollow Road, Beverly, Randolph County
Case Background
ELKINS — New charges have been filed against a Randolph County couple accused of child abuse after a child in their care was allegedly found bound by zip ties in a bathroom. Licha Faye Ortiz, 54, and Manuel Ortiz Jr., 69, of Beverly, are each charged with one count of child abuse creating risk of bodily injury and one count of conspiracy, both felonies.
The charges stem from an incident reported on July 28, when Trooper Andrew C. Jordan with the West Virginia State Police received a tip from Parole Officer Matt Currence. The tip alleged that a juvenile was being 'physically restrained with zip ties' at a residence on Schoonover Hollow Road in Beverly.
Court Proceedings
Each appeared separately in Randolph County Magistrate Court Monday for hearings. Manuel Ortiz did not have an attorney for his hearing, while Licha Ortiz was represented by attorney Les Mallow. During both hearings, Assistant Randolph County Prosecutor Leckta Poling informed Magistrate Michael Dyer that the state planned to drop the initial case against the Ortizs.
Both were initially charged with one count of child abuse creating serious risk of bodily injury or death and one count of conspiracy, both felonies. Poling said the state would instead charge them with one count of child abuse creating risk of bodily injury and one count of conspiracy. Dyer dismissed the initial case and accepted the new charges.
The couple was then arraigned separately on the new charges by Magistrate Tracy Harper. Each had their separate bonds set at $150,000 cash-only, the same as their original bonds. Poling noted that because Licha Ortiz had already posted bond and the facts had not changed, the state believed her previous bond payment could be moved to the new case. Dyer agreed, provided the person who paid the bond consented. Manuel Ortiz remains held at Tygart Valley Regional Jail.
| Defendant | Initial Charges | New Charges | Bond | Attorney |
|---|---|---|---|---|
| Licha Faye Ortiz | Child abuse creating serious risk of bodily injury or death; conspiracy | Child abuse creating risk of bodily injury; conspiracy | $150,000 cash-only | Les Mallow |
| Manuel Ortiz Jr. | Child abuse creating serious risk of bodily injury or death; conspiracy | Child abuse creating risk of bodily injury; conspiracy | $150,000 cash-only | None |
Impact on the Child and Community
According to the criminal complaint, a witness observed the juvenile restrained with hands behind the back and ankles zip-tied in a bathroom of a secondary residence, the garage where the Ortizs reportedly live. The witness used a pry bar to remove spray foam from the door cracks and found the juvenile. The witness's friend commented to Manuel Ortiz, who allegedly replied, 'It makes you uncomfortable?'
During a search, officers observed ligature marks on the 11-year-old's wrists and ankles, with feet swollen and red. They found a cut zip tie behind the toilet and written messages on the bathroom walls: 'they love my brother but not me' and 'no one on my side just me.' A camera faced the bathroom door; Licha Ortiz allegedly said its storage was on her phone but the camera was broken. The phone was seized as evidence.
The case highlights concerns for the child's safety and well-being. The juvenile was found in a residence described as in 'messy condition' with large amounts of trash. The investigation continues, and the child's current status remains unclear from the available information.
Possible Legal Outcomes
Scenario analysis: The possibilities below are not certain predictions.
The new charges carry potential penalties, but specific sentencing guidelines are not detailed in the source. If convicted, the couple could face significant prison time, though the exact range is not specified. The court will proceed with the new charges, and Manuel Ortiz may need to obtain legal representation.
The state's decision to refile charges suggests a strategic adjustment, possibly due to evidence considerations. If the evidence supports the lesser charge, the case may proceed more swiftly. However, if new evidence emerges, the charges could be amended again.
The bond conditions and the fact that Licha Ortiz's previous bond may be transferred indicate the court's ongoing assessment of risk. Future hearings will determine the admissibility of evidence, including the seized phone and witness statements. The outcome remains uncertain until the legal process unfolds.
Source: theintermountain.com
