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The owner of an at-home day care in Walpole is facing child endangerment charges after she allegedly attacked her husband with a baseball bat while caring for three young children.
Diane Fenton, 58, has pleaded not guilty to assault and battery with a dangerous weapon, assault and battery on a household or family member, and three counts of reckless endangerment of a child. Reached by phone Friday morning, her lawyer declined to comment.
According to court documents, the charges stem from an incident on Sept. 20, when Walpole police responded to a reported physical disturbance at the couple’s Plain Street home. Upon arrival, police found a woman — later identified as Fenton — standing in the middle of the road and swinging a baseball bat at her husband’s arms and torso, according to a report filed in Wrentham District Court.
Fenton dropped the bat when an officer drew his taser, and she was placed under arrest, according to the report. Her husband declined medical evaluation.
Inside the home, police reportedly found a 4-year-old, a 3-year-old, and an infant, who was lying face-down on the carpet. Officers remained at the home while the children’s parents came to pick them up.
According to the police report, Fenton’s husband told officers that his wife had a history of alcohol abuse and infidelity, and that he had given her “an ultimatum where they would remain married if she would abstain from alcohol and attend Alcoholics Anonymous.”
“When the victim returned home from work that afternoon and observed Fenton sitting in the house intoxicated, the victim confronted her,” police wrote. “Fenton responded by becoming physically violent toward the victim, hitting him with her fists and pulling at his clothing.”
According to the report, Fenton’s husband later told police that she had become physically violent with him before, once allegedly cutting his face and neck with a knife when he tried to stop her from driving drunk.
Fenton was released on personal recognizance and ordered to stay away from her husband, refrain from alcohol, and not care for any children under the age of 14. She was back in court for a pretrial hearing Thursday, and her next court date is Dec. 19.
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