LAPORTE COUNTY, INDIANA — A 34-year-old man is facing a felony domestic battery charge after police say he tried to force a bar of soap into a 7-year-old boy’s mouth as punishment for swearing. Daniel Schergen is accused of holding the child against a car seat during the incident in late August. Investigators say it may not have been the first time he punished the boy this way. If convicted, he could face up to 30 months in prison.
Soap Bought at Kingsbury Store Before Alleged Struggle
Schergen was riding in an SUV with his girlfriend and four children when they stopped to drop one child off at football practice. Afterward, the 7-year-old used a curse word, which a witness later told investigators was “really bad.”
Schergen allegedly asked his girlfriend to stop at a convenience store in Kingsbury to buy soap. She came back with a bar of soap, and police say he then used it to punish the child.
Boy Left With Bleeding Mark on His Forehead
Police say Schergen pinned the boy down by the head and tried to get the soap into his mouth. The child kept his mouth shut and hit and kicked to get away. During the struggle, Schergen allegedly hit him in the forehead, leaving a bleeding, oval-shaped mark.
The boy was left crying and screaming, and the girlfriend reportedly went back to the store for bandages and alcohol wipes. Investigators said Schergen had forced soap into the boy’s mouth at least once before. Authorities got involved in September after the Indiana Department of Child Services received abuse reports and contacted police.
Suspect Says He Did Not Mean to Hurt the Child
Schergen did not deny trying to discipline the boy, but gave a different account. He said the child has serious temper problems and had been suspended from school for fighting. He also said he was trying to stop spanking and had switched to timeouts, though they didn’t always work.
He told investigators he didn’t mean to hurt the boy and that the mark appeared while he was holding the child’s head against the seat. Photos taken by the boy’s mother later showed bruising, according to the investigation.
Reasonable Discipline Defense and Possible Penalties
LaPorte County Prosecutor Sean Fagan pointed to how Indiana law separates reasonable discipline from excessive punishment. A 2008 Indiana Supreme Court ruling, Willis v. State, allows parents to use reasonable force for discipline. If Schergen uses that defense, prosecutors must show his actions went beyond reasonable discipline.
Schergen was arrested in late October, spent five days in jail and posted a $750 bond. The Level 6 felony charge covers battery against a child under 14. A conviction could bring six to 30 months in prison and a fine of up to $10,000, though a judge could reduce it to a misdemeanor. He remains free on bond while the case moves through LaPorte County court.
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