Crime

Toddler found outside freezing in diaper, T-shirt

A Clearfield woman is accused of assaulting her mother after she allegedly found her 2-year-old child outside in only a diaper and T-shirt.

Nicole Lynn Luzier, 27, is charged with endangering the welfare of a child, recklessly endangering another person, harassment and disorderly conduct in one case and harassment, disorderly conduct and defiant trespass in a second case when she allegedly returned to her mother’s home. Luzier waived her right to a preliminary hearing Wednesday during centralized court.

She is incarcerated on $1,000 bail in each case. Luzier is also scheduled for a revocation hearing on Monday, according to her attorney, because she was on probation for a DUI charge when she committed the alleged crimes.

The charges stem from an incident on Dec. 11 at 10:40 a.m. after Lynette Solis found Luzier’s 2-year-old child screaming and crying on her front porch.

According to the affidavit of probable cause, the temperature was about 20 degrees. The child was wearing only a diaper and T-shirt, had severe redness to her hands and feet and was shaking uncontrollably. She had on one shoe and one boot. Solis brought the child into her home immediately and wrapped her in a blanket to warm her up. It is unknown how long the child was outside unattended.

Solis took a cellphone video of the child after she brought her inside that she provided to police. The officers could see the child’s feet and hands were red and she was still crying. Solis said she tried to call Luzier, who lives nearby, but did not get an answer.

At 11:20 a.m., Luzier called Solis but when she did not answer, Luzier went to the Solis residence where she took custody of the child. According to Solis, Luzier yelled at her, saying it was her fault the child was unattended.

Luzier returned with the child to her own residence but allegedly kept calling Solis, who refused to answer. Luzier then returned to the Solis residence and they began arguing. When Solis tried to call 911, Luzier allegedly ripped the phone from the wall.

Solis then went to a back bedroom to get a cellphone, which she said Luzier attempted to take from her. Solis told police Luzier choked her and head butted her. Solis did have redness to her neck and clumps of hair were on the floor, police said. Solis admitted that she punched Luzier in the face and pulled some of her hair out. Solis said she managed to get Luzier outside. She then shut and locked the door.

When police spoke with Luzier, Luzier told them she must have fallen asleep while watching a movie with the child and was not aware the girl was missing. When she was retrieving the child from her mother’s home, Luzier said Solis threatened to call the police on her. Luzier claims that Solis followed her home and upset her. After a period of time, Solis left. Luzier said she tried to call Solis to verify she had not called police, but Solis would not answer. It was then she returned to her mother’s home to speak with her. Once there, she admitted she pulled the phone from the wall.

Solis shoved her, she told police and she head butted her in return. Police noticed Luzier had visible markings to her chest, had a small cut on her cheek and superficial cuts to the back of her neck.

Police took custody of the child and turned her over to Solis. Later Solis contacted police again because Luzier was leaving voicemail messages calling Solis names. Luzier also returned to the residence, kicking her door and yelling at her, she reported. Solis told police she was going to obtain a protection-from-abuse order against Luzier.

In the affidavit from the second case, police returned to the Solis home at 6:14 p.m., after Solis called again. Luzier was then taken into custody. Luzier told officers that she was on the phone with her mother about her daughter, when her mother hung up. She admitted she went to her mother’s residence, but she denied kicking the door or trying to break it down.

It was noted in the affidavit that there was a previous report from a code enforcement officer of a child matching the description of Luzier’s child outside in only a sleeper outfit on Dec. 9 in that same area.

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