No release for mother in railroad accident

~ Glenda Ross' daughter lost an arm after climbing under a Union Pacific train.

BENTON, Mo. -- A weeping Glenda Ross heard Tuesday that she must remain in jail while she awaits hearings on charges that her daughter lost her arm after Ross told her to climb under a train.

Scott County Associate Circuit Judge David Mann refused to grant Ross release without bond despite her attorney's plea that she would not flee prosecution.

Ross, who is charged with three counts of first-degree child endangerment, remained jailed with a $75,000 bond required for her release. Her father, Daniel Ross, said after the brief court appearance that the family could not afford to pay that amount.

A preliminary hearing was set for Dec. 21. The hearing was originally set for Dec. 28 but moved forward on request of Ross' attorney, public defender Jacob Zimmerman.

Ross faces one count for each of the children who were with her when the accident occurred Oct. 30. Ross, 33, of Scott City, was on a walk with her live-in boyfriend and daughters Sierra Morrow, 9, and Mikala Morrow, 7, and an 11-year-old friend about 4 p.m. when they attempted to cross the Union Pacific railroad line.

According to a police affidavit filed with the charges, Ross instructed the girls to climb under the train. Mikala lost her arm when the train lurched forward.

The group was about 180 yards from a highway overpass that allows access to the north side of Scott City when trains block other crossings. They attempted to cross at a spot that is not a regular road crossing of the tracks.

The parked train was southbound, waiting for a northbound train to pass, Union Pacific officials have said. The dual tracks in Scott City are commonly used to allow trains to pass one another.

Police waited for Mikala to get out of danger at St. Louis Children's Hospital before arresting Ross. She was taken into custody Saturday by the St. Louis Police Department and returned to jail in Benton by Scott City police, chief Don Cobb said.

"She had a chance if she wanted to flee in this case," Zimmerman told Mann during the brief hearing. "She stayed in St. Louis with her child."

After the court appearance, Zimmerman said the charges were excessive. "We don't feel it rises to the level of a crime," he said. "We shouldn't have the criminal justice system involved every time a child is hurt."

Family members, including Daniel Ross, have questioned why the boyfriend has not also been charged. Paul Boyd, Scott County prosecutor, would only say "the investigation is still ongoing" in response to questions.

Cobb has said there is difficulty in establishing a legal obligation for the boyfriend.

Mikala and her sister are the daughters of Ross and Timothy Morrow of Benton. Morrow and Ross were divorced in 2004.

Ross was initially granted physical custody of the girls in April 2004, but the ruling was reversed 16 days later when the girls were turned over to their father.

She was ordered to pay child support of $159 a month. As of April 15, court records show, she hadn't paid any child support and owed $1,749 to Morrow. He could not be reached for comment Tuesday.

rkeller@semissourian.com

335-6611, extension 126