Judge sets bond for parents accused of abandoning children at Conway business

Parents accused of leaving their children at a Conway business this month appeared in court Thursday and received bonds from a municipal judge.

Bonds for Kiwa Jonathan Davis, of Conway, and Sarah Mae Smith, of Myrtle Beach, were both given personal recognizance bonds Thursday morning by Judge Jane Mackey. The two are charged with unlawful neglect of a child by legal custodian.

Davis and Smith allegedly abandoned their children at Health Care Partners in Conway on June 5. Warrants for their arrests were issued June 15. The two turned themselves in Wednesday.

During a bond hearing Thursday, authorities said the couple claimed they were homeless, which wasn't the case. A physician told the parents they would be charged if they left their children, but did so anyway, police said. They left the business before DSS arrived, authorities said.

"This whole situation is blown out of proportion," Davis said during the hearing.

The judge set the bonds at $25,000 each but told the suspects they would not have to pay anything to be released from jail on the personal recognizance bonds, but are required to comply with DSS. A personal recognizance bond is a no-cost bail and a promise that the suspect will appear at all court hearings.

Fifteenth Circuit Solicitor Jimmy Richardson said his office may not prosecute the case.

"The only thing was the kids did not meet a certain 60-day requirement of Daniel's law," he said.

The law allows guardians to take children to safe havens — police stations, hospitals, fire stations — without prosecution if the child is 60 days old or younger and is left unharmed.

"The police had clear violation of the law, so they had to act appropriately," Richardson said. "It's technically a violation of the law to be going 56 (mph in a 55 zone), but it doesn't mean I have to prosecute someone going 56.

"The whole purpose of Daniel's law is to have kids protected when a person decides they can't take care of them. It's real early in the game now."

Richardson said the children were left unharmed.

"If it's something where the kids are harmed, then we may have to take different actions," he said.

Both suspects requested public defenders. Their next court appearance will be in August.

This story was originally published June 28, 2018 at 12:22 PM.