Mom gets probation for taking trip to Germany, leaving kids alone

A Johnston mother was sentenced to probation Thursday on child endangerment charges after leaving her four children home alone while she took a trip to Germany last year.

Erin Lee Macke, 31, will spend two years on probation on four counts of child endangerment, Polk County District Judge Carol Egly said Thursday. She could have faced up to two years in prison for each count.

In February, Macke entered an Alford plea of guilty to the charges. In an Alford plea, the defendant does not admit guilt, but acknowledges that prosecutors likely have enough evidence to secure a conviction at trial.

As part of the deal, prosecutors also dropped one count of making a firearm available to a person under the age of 21.

A no contact order currently prevents Macke from having contact with her children, other than supervised phone calls.

Egly kept that order in place Thursday, but suggested the lawyers in the case arrange counseling for Macke as a prerequisite for modifying the order to allow some contact between her and the children.

"I believe these children need to have some sort of direct contact with their mother as soon as possible," she said.

Earlier this month, a Linn County judge granted primary custody of the two younger children to their father, Matthew Macke, Erin Macke's ex-husband. The children have been living with their father since October, but the judge's order extends that arrangement.

There is another ongoing court case regarding custody of Macke's other two children.

Matthew Macke gave a victim impact statement in court, saying Erin Macke has not shown remorse for her actions.

"Erin's decision to leave the children was intentional, done knowingly and she has not accepted any responsibility and continued to place blame on everyone else," Matthew Macke said in court.

He said leaving an unsecured firearm in the house presented a risk to the children that Macke does not seem to acknowledge.

"Erin refuses to admit that her choices put the children at a substantial risk of harm," Matthew Macke said.

A victim advocate also read a statement from Matthew McQuary, the father of Macke's other two children, who lives in Texas. McQuary echoed many of Matthew Macke's arguments, saying Erin Macke blamed and criticized both fathers when speaking to the children.

"Erin does not feel any remorse or responsibility for her actions," McQuary said, through the victim advocate.

Court documents show Erin Macke has said the firearm was unloaded and placed on a shelf out of reach of the children, although there was ammunition left nearby.

Macke thanked the court for hearing her side of the case, but did not speak in court other than to say she has expressed her views of the case in the presentence investigation, which is not accessible by the public.

Her lawyer, Michael Oliver, said Macke made a mistake and should be allowed to rectify it. He said animosity between the children's parents has painted Macke in a worse light than she deserves.

"The drama that has surrounded this case has been fanned by the fathers in this case," Oliver said.

Macke's lawyers had argued she should receive a deferred judgment, which would have allowed the case to be expunged from her record once her probation is complete. Egly said that option is not appropriate in the case, and the conviction will remain on Macke's record.

Macke and Oliver declined to comment following the sentencing.

Johnston police were called to Macke's home on Sept. 21, 2017. When officers arrived, they found Macke's children. Two of the kids were 12, while the others were 6 and 7.

Upon further investigation, police learned Macke left the country on Sept. 20 and was not scheduled to return until Oct. 1.

Court documents state Macke intended to leave the children alone in the home from Sept. 20-22, until her brother could start caring for them. For the first two days of the trip, Macke arranged for a neighbor to check on the children three times a day, court documents show.

Police say the father of one of the children called the police after he was called by his child the day after Macke left. Police called Macke while she was in Germany and demanded she return home.

Egly said the court documents show Macke made some plans for the children to be looked after, something she said many media reports have not recognized. But that does not change the fact that the children were in danger when they were left alone in the home with a gun, she said.