State v. Rundle

K.R., the three-and-a-half-year-old daughter of Pamela Rundle and Kurt Rundle (defendant), was hospitalized comatose, blind, and covered in bruises after Pamela repeatedly threw, slapped, and kicked her. Pamela was convicted of multiple counts of child abuse, while Kurt was charged with aiding and abetting intentional and reckless child abuse under provisions requiring proof he both assisted in the crime and had a conscious desire or intent to supply that aid. Witnesses testified Kurt never physically abused K.R. himself and had a loving relationship with her, but also that he was present during the abuse and failed to stop it. The court of appeals reversed his convictions for insufficient evidence, though it noted he could have been prosecuted under a separate statutory provision criminalizing a parent's failure to prevent child abuse, and the state appealed.