Caledonia Argus

Man charged with assault of a child

Posted: 3/16/04

By Shannon McKinney and
David Heiller,
Argus News Reporters

James Toviis Lane, 37, appeared in Houston County district court Monday, March 15 on charges of assaulting a child with malicious punishment.

Lane is accused of using excessive force on March 10 to punish a 10 year-old Caledonia boy for getting in trouble earlier that day.

According to court documents, Lane is accused of striking the boy in the stomach with his fist, then hitting him across the buttocks several times with a leather belt. During the punishment, the boy cried and was unable to sit down because of the pain, according to the report.

The next day, his entire buttocks were nearly covered with large reddish and purple bruises. Also, a long narrow bruise extended from his waistline diagonally towards his right side and kidney area.

According to the victim, the belt had been used once before. Also, he said that two years ago a crutch was used to strike his left side.

Lane is facing six charges. They include:

ï Assault in the third degree for inflicting substantial bodily harm, a felony.

ï Assault in the third degree of a minor and having engaged in a past pattern of child abuse, a felony.

ï Two counts of malicious punishment of a child where there is evidence of unreasonable force or cruel discipline that is excessive under the circumstance and results in excessive bodily harm. One count is a felony and one a gross misdemeanor.

ï Two counts of misdemeanor domestic assault against family or a household member with intent to cause fear or immediate bodily harm.

If convicted, the maximum sentence for the most severe offense is five years in prison, $10,000 in fines or both. District Court Judge Robert R. Benson said at Laneís arraignment on March 15 that normally there can only be a conviction on one of those charges.

Houston County Attorney Richard Jackson said Lane had displayed ìextremely serious and violent conductî against the child. He described Laneís living situation as ìfluid.î He asked Judge Benson for $15,000 unconditional bail and $10,000 for conditional bail.

Benson, noting that Lane had jumped bail for a charge in Wisconsin, set unconditional bail at $20,000 and conditional bail at $10,000. Other conditions included having no contact with the alleged victims or their families, letting the court know his address, and notifying him if he leaves the state of Minnesota.

ìI have no reason not to show up for my court date,î Lane responded. He said he has lived in the area for five years, and was presently staying with friends in La Crosse while he looked for work. According to the county attorneyís office, Lane was spending time in both La Crosse and Caledonia at the time of the incident.

His next court appearance will be on March 24 at 9 a.m.

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