Kenosha parents facing felonies for child neglect after police respond to home with 'unsanitary conditions'

Joshua O’Brien, 28, and Marselena Magdalena O’Brien, 27, were each charged Wednesday in Kenosha County Circuit Court with three counts of neglecting a child under six although specified harm did not occur, one count of neglecting a child although specified harm did not occur, along with misdemeanors of possession of THC and possession of drug paraphernalia.

Both made their initial appearances at Intake Court Wednesday afternoon. A court commissioner imposed a $2,500 cash bond on Joshua O’Brien and a $1,500 cash bond on Marselena O’Brien, according to court records. Preliminary hearings are set for next week.

Criminal complaint

On Monday a Kenosha Police officer responded to a residence in the 7500 block of 16th Avenue for a report of possible child abuse or neglect. During the investigation the officer learned the defendants lived there with their four young children.

Police were alerted by a caller who was walking her dogs in the neighborhood when she came upon a very young child wearing only a diaper standing in the roadway, according to the criminal complaint.

The caller told police that she looked around and did not see anyone supervising that child and then noticed a toddler calling out to that young child.

The caller said she walked the child to the house where she asked the toddler where their mother was. The caller, according to the complaint, observed the house to be very dirty because the front door was open.

The caller called into the house for an adult and when she didn’t receive a response alerted 911.

The responding officer arrived and reportedly found the two children with the caller on the front porch. The officer found the porch covered in miscellaneous items and both children appeared to be crawling around through garbage.

The officer could also, according to the complaint, smell what he believed to be an intense odor of urine and feces emanating from inside the residence.

Through the door, the officer reported he observed trash, old and moldy food, toys and used diapers covering a majority of the floor. He also reportedly observed a crib inside the living room against a wall, with what he believed to be dried human feces on its mattress.

Because of the garbage the officer reportedly had trouble entering the living room.

Marselena O’Brien, according to the complaint, had bags under her eyes and she appeared slightly confused when speaking.

Marselena O’Brien reportedly told the officer she had two other children, one who was at school and the other sleeping in the basement.

The officer reportedly found the rest of the house to be unsanitary and unsafe. In the basement portions of the ceiling were rotted from pets who urinated on the floor, according to the complaint, and in the kitchen moldy food was located on a table.

Multiple bags of marijuana within reach of the children were also found, according to the complaint.

The officer called Child Protective Services and Joshua O’Brien arrived on scene.

When interviewed by a detective Joshua O’Brien reportedly said that he left for work that morning and he was unaware of the condition of the house.

Both adults were taken into custody and investigators obtained a search warrant for the home. They reportedly collected baggies of marijuana and drug paraphernalia.

Community Service Officers removed two dogs from the house.

The children were transported to an area hospital for exams and treated for lice.

There was a report of unsanitary conditions involving the defendant’s at a previous address earlier this year, according to the complaint.