CASS COUNTY (trfnews.i234.me) — A Crookston, Minnesota, man is facing felony child neglect charges after police found him intoxicated and unresponsive in a running vehicle with two children inside early Sunday morning in downtown Fargo.
According to court documents, Diego Fernandez is charged with Child Neglect–Parental Care, a Class C felony. He also faces two misdemeanor counts of Actual Physical Control with a Minor.
Officers were dispatched around 1:01 a.m. on November 2 to a report of a man passed out in a running vehicle behind Bell Bank, 15 Broadway N in Fargo. Responding officers located a blue Cadillac with loud music playing, an unresponsive driver, and two young children asleep in the backseat.
After several failed attempts to wake Fernandez, officers broke the passenger-side window to gain entry. The children were safely removed from the car and were not hurt. Police were then able to wake Fernandez, who reportedly showed signs of intoxication, including slurred speech, bloodshot eyes, and a strong odor of alcohol.
Fernandez refused medical aid, field sobriety testing, and a preliminary breath test, according to the report. He told officers that his girlfriend had driven to Fargo with him and their children to pick up her sister from a club. Fernandez said he moved to the driver’s seat to “protect the car and the kids.”
He admitted to having “one or two drinks” but denied driving. Police say his girlfriend later returned to the scene, tested sober, and took custody of the children before leaving with them.
Fernandez was arrested and booked into the Cass County Jail. His arraignment is scheduled for Monday afternoon in Cass County District Court.
Under North Dakota law, felony child neglect carries a potential penalty of up to five years in prison and a $10,000 fine. The misdemeanor physical control charge can add further penalties.
I’m Chris Harper reporting for TRF News.
