Clinton woman agrees to Alford plea in alleged child stealing incident

Apr. 16—A Clinton woman arrested in August after allegedly attempting to walk off with young children has submitted an Alford plea after being ruled competent to stand trial.

However, a Clinton County District Court judge has deferred his decision on whether to accept the plea to one count of child stealing, a Class C felony, pending review of a presentence investigation report and further consideration at the scheduled May 30 sentencing hearing.

If the plea agreement is rejected, Rebecca Sue Ebensberger, 33, can withdraw her Alford plea.

The Alford plea, through which a defendant admits enough evidence exists to procure a conviction, is part of a plea agreement with prosecution that includes dismissing a second count of child stealing and imposing a sentence that provides for supervised probation that includes a condition that Ebensberger continue mental health and substance abuse treatment. A second count of child stealing would be dismissed, according to the joint filing by both sides from Feb. 23.

According to the criminal complaint filed by Clinton Police, at around 4:30 p.m., Aug. 31, Ebensberger, who lived in the 600 block of 22nd Avenue North, was spotted in the 500 block of 5th Avenue South by a resident there who noticed loud neighboring children had gone quiet. The resident checked and allegedly saw Ebensberger carrying two children, ages 1 and 3, as she walked down the alley. Three other children, ages 1, 4 and 7, followed along.

The criminal complaint says that the neighbor confronted Ebensberger, who allegedly said the kids were yelling for help so she took them. The neighbor told Ebensberger she could not take the children. She took them away from Ebensberger and brought them back to the fenced back yard where they came from. The neighbor said she had to chase Ebensberger off as she went to talk with the parents who had no idea who Ebensberger was and said she had no permission to have custody of their children. They wished to pursue charges.

District Court Judge Patrick McElyea ordered a competency evaluation of Ebensberger. Based on the report from it, in November District Court Judge Henry Latham II issued an order Ebensberger be provided treatment in a facility for a mental disorder, "including the prescribing and administering of medications necessary and appropriate to treat the defendant's illness even if it is against the defendant's will."

Then in February she was found to be restored to competency and could stand trial.

In March, the plea agreement was filed.