DES MOINES – He was named after Superman, but all he turned out to be was a super menace to a 2-year-old baby girl.
Max Kal’el Arnold was found guilty on May 15, 2013, in Pottawattamie district court of committing one count of multiple acts of child endangerment against his girlfriend’s 2-year-old daughter. On July 3, 2013, Arnold was sentenced to a period not to exceed fifty years for his multiple-acts-of-child-endangerment conviction and to a period not to exceed ten years for his neglect-or-abandonment-of-a-dependent-person conviction. The district court ordered the sentences to run concurrently. He was sent to the Newton Correctional Facility.
Arnold appealed on the grounds that his lawyers failed him and that he was mislead by police during interviews as they investigated. Court records show that cops talked Arnold in circles during the interviews to keep him talking as he disclosed the extent of injuries he inflicted on the small child.
Arnold’s appeal failed as the Iowa Court of Appeals found no basis to uphold his claims.
Court documents describe the extent of the suffering Arnold inflicted upon his girlfriend’s toddler daughter.
On March 30, 2012, the victim, “L.W.” was examined by her pediatrician, Dr. Dennis Jones. Dr. Jones “observed a second-degree burn to L.W.’s lower back and right buttock.” Dr. Jones again saw L.W. on April 16, 2012. Dr. Jones observed bruising and “noticed L.W. was favoring her left leg when she walked.” On May 4, 2012, Phillip noticed L.W.’s bruising and leg injury and decided to take L.W. to the emergency room. Dr. Jones observed L.W. had bruising on her neck and cheek and also observed swelling in L.W.’s groin area. Child protective services was contacted and informed of L.W.’s injuries.
After a May 14, 2012 visit with Dr. Jones, L.W. was sent to an orthopedic surgeon in Omaha, Nebraska, for additional testing. The surgeon determined L.W. had a fractured femur that “required surgical repair and insertion of pins.” Following surgical complications, L.W. underwent a second surgery to replace the pins. A third surgery was necessary to remove the pins. Ultimately, L.W. needed to learn to walk again.
On May 10, 2012, Detective Robinson of the Council Bluffs Police Department made contact with the child’s mother, “Stevie”, and Arnold and asked them to come in for interviews. During the interview with Detective Robinson, Arnold was asked about the injuries to L.W. Within the first forty-five minutes of the interview, Arnold admitted causing injuries to L.W.’s face and her groin/leg. Arnold admitted he did “cross the line” by slamming L.W. on the corner of the dresser because she was “out of control” after she fell out of bed. He also admitted that he had flicked her face. Arnold did not challenge this evidence on appeal and admits this unchallenged evidence supports two acts of child endangerment.
Arnold was also asked about an injury to L.W.’s neck and if he strangled her. However, during this part of the interview he consistently denied he intentionally strangled L.W., maintaining she was choking due to having her pajama bottoms wrapped around her neck and he tried to help her by pulling them off. Therefore, initially, Arnold did not admit to causing injuries to L.W.’s neck. During the interview with Robinson, Arnold also admitted putting L.W. in the deep freeze:
I was watching her when Stevie [unintelligible] three girls, mine and her two girls, and then, those two were fighting, the older two, and it just got out of hand. I was kind of in a panicky mode or whatever, and [L.W.] had ended up falling down the basement steps following me down there . . . and I didn’t realize it but concrete and everything like that, so I freaked out. Deep freezer was the closest thing to it, went to grab something, retardedly put her inside of it real quick just to grab something, then I realized that I needed a towel or something [because] it looked like she was bleeding so I stepped over way and she apparently sat down.
Later in the interview, Detective Schuetze joined Detective Robinson in questioning Arnold. Schuetze told Arnold to tell the whole story concerning L.W.’s neck injury or Arnold would look bad when the detectives spoke to the county attorney. Schuetze began questioning Arnold concerning L.W.’s neck injury and told Arnold that admitting to causing the neck injury would not change the charge against him. Robinson then told Arnold that the charge was child endangerment, a class “C” felony. In response to Arnold’s question of whether he would have a felony on his record, Robinson replied that was up to the lawyers.
Arnold then asked “what’s the most?” Robinson replied, “The most as far as time? I wouldn’t even—ten years, I’ve never seen anybody get it. I’ve never—.” Arnold then inquired, “What’s the least?” Robinson replied, “The least? A year. And the most out of a year would be probation, time served, and any type of community service you can perform during that year.” At that time, Arnold continued denying causing injury to L.W.’s neck and bottom.
Ultimately, Arnold admitted pulling the pajama bottoms harder because “she would not stop moving.” Arnold also admitted to shaking L.W. and throwing her on the bed due to his anger with her.
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