Published: July 09, 2009 11:18 pm         

Couple facing felony child neglect charges

An Enid couple was arrested Thursday following the filing of felony child neglect charges in district court.

Nickolas W. Barry Sr., 39, and Judy K. Barry, 29, both face up to life in prison and/or a fine of $500 to $5,000 for failing to provide adequate food, clothing, shelter, medical care or supervision for their 3-year-old son, ac-cording to the charges.

Police responded to the Barrys’ home, 1113 E. Oklahoma, about 5 p.m. May 23 on a report of a missing 3-year-old boy.

Nickolas Barry told police he was mowing his lawn when he noticed his son was missing from the back yard, according to an affidavit. As police began to search around the house for the boy they noted “an extremely foul odor” around the house.

In the affidavit, officers noted there was trash, beer cans, dirty diapers and broken glass all around the yard. An officer looked inside a shed and found the boy hiding behind some trash.

The shed’s roof was falling in and it was full of debris. The boy was wearing his father’s shirt and was unable to walk in it, was dirty and without shoes, and had a rash on his leg, according to the affidavit. The boy’s diaper also appeared as if it needed to be changed, according to the affidavit.

Police explained their concerns for the living situation of the house and asked to see the inside of the residence.

The front porch of the house was falling in and the front door knob had no working parts, making the only way to secure the door a deadbolt, the affidavit states. There was so much debris behind the front door it would “barely open wide enough to get through.” Police also noted a large number of flies throughout the house.

The living room of the home was covered in trash, dirty clothes, cups of liquid and plates of old food, according to the affidavit.

In another room, which was covered with trash, the dark-colored carpet stuck to the bottom of an officer’s boots as he walked. Roaches were caught in spider webs all along the ceiling and the smell was “almost unbearable.”

Another room, where 10-year-old and 8-year-old girls stayed, was a bunk bed with both mattresses covered in food. There was trash and clothes everywhere and a hole under the window where the outside was visible, according to the affidavit.

There were large piles of clothes in the kitchen, as well as food on the floor, some of it with maggots, the affidavit states. Dirty dishes filled the sink and covered most of the counter space. The stove was dirty and covered with food and there was spoiled milk on the table.

The ceiling of the kitchen was falling in and there were exposed electrical wires, according to the affidavit. The kitchen window was broken with a large piece of glass missing. The refrigerator had food in it but “smelled horrible,” according to the affidavit, and there was a pantry off of the kitchen but it was blocked by a large pile of clothes.

In a bathroom, the bathtub was filled with cloudy water and the toilet was falling through the floor, according to the affidavit. There was a large pile of dirty diapers and dirty toilet paper next to the toilet. Debris and trash was piled up by the water heater. The sink was full of trash and appeared not to have worked in a while.

Police asked Barry if his son had any shoes, but he did not reply, the affidavit states. Police asked for clean clothes and shoes for the boy, but Barry was unable to provide any.

Barry told police he works all the time and does not have time to clean, but he is working on it, according to the affidavit. He said his wife Judy never helps and his children mess the house up. He said his wife is also too busy with work to clean.

Police showed photographs taken at the home to a pediatrician, who said the conditions in the home were “grotesque” and the residence is “grossly” inappropriate for children based on health, hygiene and safety issues, according to the affidavit.