Judge Criticized After Allowing Children to Stay With Parents Convicted of Child Abuse

By Charles Bassett, NEWS 9

FAIRVIEW, Oklahoma -- A Major County judge is under fire after he ruled to let four sisters remain in a home where a fifth sister was physically and sexually abused.

District Judge Vinson Barefoot made the ruling on Monday. The girls are from the African nation of Liberia and were adopted by Ardee and Penny Tyler of Fairview, Oklahoma in 2005.

The judge says he's agonized over this and there's a lot he can't say because it involves juveniles. But, he is speaking out. The judge says he made his decision based on reports by DHS case workers and he's talked with the girls as well.

"There was a finding that, that was a fit household," said Judge Barefoot. ""Oh, they wouldn't be there if I didn't feel in my heart they're safe. I can make that promise." 

In December, the couple and two of their biological children pled no contest to charges of abusing one of the girls.

The Tyler's son, Ashton Tyler, was sentenced to two years in prison for raping the girl.

Ardee Tyler was given a 10-year suspended sentence for felony child abuse. Penny Tyler was given a 10-year suspended sentence with 60 days in jail for felony child abuse.

The Tyler's biological daughter, Nathania Tyler, was given a 90-day suspended sentenced for misdemeanor assault and battery.

The abused girl no longer lives in the home. However, there has been a push by others in the community familiar with the situation to remove the remaining four sisters from the Tyler's home.  

"I've terminated parental rights, I've taken kids out of the home, I've had a lot of these cases," said Barefoot. "In my heart, I don't have any doubt they are safe in that household."

But that's not good enough for this group that has been fighting for the girls. Linda Rous is among them and says she is disgusted by the Judge's ruling. She and the others are calling for the judge to remove himself from the case.

"Their safety is in question, they are living with confessed and convicted felony child abusers," Rous said.

The attorney for the girls wants the judge off the case and is vowing to appeal his ruling.

"Such an individual has no place in the courtroom, certainly doesn't have a place in this case sitting in judgment of this case," the girl's attorney Melvin Johnson said.

But the judge says the Tyler's aren't the problem now, its public sentiment towards the family.

"That family needs to quit being harassed by people," said Barefoot. "I swear from the bottom of my heart if I thought they were in danger they wouldn't be there."

And Senator Jim Inhofe's office said they have spoken to the girl's attorney and are looking into the case. Sen. Infofe released the following statement:

"Recently, this case was brought to my attention, and I have been following it closely. I am very concerned about a decision that returns these children to a home where criminal activity against them is known to have taken place. I will continue to follow this case, remaining hopeful that, through the appeals and administrative process, a decision is reached that has the best interest of these children in mind."

The attorney for the Tylers wouldn't comment on the case saying a gag order was in place.

More:

Family Pleads No Contest to Abusing Adopted Girl
Community Fights for Liberian Girls after Alleged Abuse