Couple charged in child abuse case

A West Plains couple is currently out of jail on bond after receiving separate charges concerning the abuse of children. Cody Daniel Toten and his wife Emily Christine Toten, both 30, have received felony charges. 
 
The Howell County Sheriff's Office began their investigation into this incident on April 26, 2024, after being notified by Children's Division and the two children were placed into state protective custody, according to court documents. The children had been interviewed by the West Plains Child Advocacy Center, with both saying they had been physically abused by Cody. 
 
The boy described multiple incidents involving him being hit on the face, thrown to the ground, and choked. He also said he had been held from school on more than one occasion to allow bruises to diminish, and more than once had to wear makeup to school to conceal bruises. The girl described a time Cody had struck her on the top of the head with a towel rod, resulting in a cut that bled through the night and stained her pillow. She also described an incident where Cody had struck her on the face resulting in a bloody nose and lip which dripped blood. She described an incident that caused a bruise on her left eye where the impact smashed her glasses onto her face.
 
Emily requested an order of protection on behalf of the children, but requested the court to dismiss the order later that day saying he had “calmed down”, according to her probable cause statement. Court documents show she later petitioned a second order of protection on behalf of one of the children and filed for divorce. She, again, requested the court dismiss this order two days later, saying the child had lied about the abuse and the divorce filing was dismissed.
 
During the interview with Child Advocacy this year, the child said she did not lie on the order of protection, saying Emily was sad without Cody, so she decided to say she lied in order to make Emily happy again, and Cody return home.
 
Cody is charged with three counts of abuse or neglect of a child under Section 568.060.5(1) – no sexual contact and three counts of endangering the welfare of a child creating substantial risk – first degree – first offense – no sexual conduct and is out on a $50,000 bond. Emily is charged with two counts of endangering the welfare of a child creating substantial risk - first degree - first offense – no sexual conduct and is out on a $10,000 bond.
 
The couple were scheduled for an arraignment at the Howell County courthouse on Monday, Oct. 21.
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