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Who is the criminal? You decide.

Who was charged with Driving Under the Influence of Alcohol?  ROSE CHACON

On June 7, 2008, Rose was arrested for driving with a blood alcohol content of .15.  On July 2, 2008 Rose was convicted and given 36 months of probation.   She missed multiple probation violation hearings and had two bench warrants issued (January 22, 2009 and March 16, 2010).

Vehicle Code:  23152 (B)

23152.  (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.    (b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

 

Who abducted Adrianna and fled from the United States to Peru?  ROSE CHACON

On January 21, 2015, Rose took Adrianna without Dustin’s consent, the court’s consent and during a Department of Child and Family Services investigation.  

United States Federal Law: United States Code Section 1204 of Title 18

(a) Whoever removes a child from the United States, or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be fined under this title or imprisoned not more than 3 years, or both.

          California State Law: California Penal Code 278.5

(a) Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation, shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.

 (b) Nothing contained in this section limits the court’s contempt power.

 (c) A custody order obtained after the taking, enticing away, keeping, withholding, or concealing of a child does not constitute a defense to a crime charged under this section.

 

Which US Citizen traveled out of the United States using a Peruvian Passport rather than a US Passport?  ROSE CHACON

On January 21, 2015, Rose took Adrianna to Peru using Peruvian Passports and did not use their legal names in the United States.

Law:  Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185)

(b) Citizens Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.

Who was convicted of Slander in Peru for lying to police and the media? ROSE CHACON

In November 2016, Rose was found guilty of Slander by the 7th Criminal Court of the Superior Court of Justice in Lima. She was sentenced to a year and 8 months of prison time, as a suspended sentence, she was given 1 year of probation to repair the damage she caused and pay Dustin 300,000 Soles for civil reparation.  Rose never fulfilled any of her probation requirements.

 

Who went to Peru with full custody to find Adrianna and bring her back to the United States?  DUSTIN KENT

In January 2016, Dustin went to Peru, taking a legal copy of Adrianna’s birth certificate and legal custody orders to find his daughter and return her to the country she was born and raised in. Dustin picked up his own daughter, whom he has sole physical and legal custody of (see legal documents).  Dustin had every right to pick her up.  There is no kidnapping between parents in Peru. Rose told the police that a stranger abducted her daughter and Dustin was detained without charges for 7 months in a high security prison in Peru. He was eventually released and never charged with a crime in Peru.

 

Who should be in prison?  You decide.

 

Read: Northridge man in Peruvian prison for allegedly kidnapping 5-year-old daughter

A Northridge man is being held at a maximum security prison in Peru for allegedly kidnapping his 5-year-old daughter despite having been granted sole custody by a Los Angeles court, his attorney said Monday.

Dustin Kent, 32, of Northridge, who has been in custody for about a month, is being preliminarily held at the Miguel Castro Castro prison in Lima, Peru, pending a two-month investigation into an allegation that he committed aggravated kidnapping there, defense attorney Sandro Monteblanco said by phone from Peru. The registered nurse has been sent to prison pending the outcome of the probe because he is a foreigner and thus considered a flight risk, he said.

Kent’s ex-wife, Rose Mary Ann Kent, fled the United States with her daughter in January of last year amid ongoing custody hearings, the attorney said.

“It’s a situation where a dad that had sole custody of his daughter found her (in Peru) after having been abducted for a year, took his daughter with him and in a flash of a moment, the ex-wife says it’s a kidnapping ring and suddenly he’s been put in prison and is looking at the barrel of a 35-year mandatory sentence for aggravated kidnapping,” Monteblanco said.

Read: Northridge man in Peruvian prison for allegedly kidnapping 5-year-old daughter

Only On 2: Northridge Man Behind Bars in Peru For 'Kidnapping' His Own Daughter

NORTHRIDGE (CBSLA.com) —  The family of a Northridge man feared for his safety Wednesday night.

In January, Dustin Kent went looking for his 5-year-old daughter Adrianna who lives in Peru with her mother. Soon after locating the little girl, Kent was arrested by Peruvian police on kidnapping charges.

The case has created a media frenzy in Peru, where the 32-year-old father could spend the next several decades behind bars.

On Wednesday night, CBS2’s Peter Daut spoke to Kent’s family.

“It’s ludicrous! it’s beyond unimaginable,” Dustin’s father, Bill, said. “It should not be kidnapping, it’s a custody thing. What parent wouldn’t want to find their own child?”

Kent’s father is desperate for his son’s release. His son and Adrianna’s mother, Rose, married in 2007, but they divorced several years later.

After a judge granted the parents shared custody of Adrianna, Rose fled to her native home in Peru with their daughter. This prompted a judge to grant Kent complete custody.

A full year has passed. Kent still does not have Adrianna in his custody. His father says the little girl was kept in hiding.

 

Only On 2: Northridge Man Behind Bars in Peru For ‘Kidnapping’ His Own Daughter