Man arrested on warrant after children found in Melbourne home infested with flies, police say

Marshall Day faces child neglect charges

MELBOURNE, Fla. – A second arrest was made stemming from a child neglect investigation launched in September after children were found in a home filled with mold, trash bags and flies, according to Brevard County jail records.

Marshall Day, 29, was taken into custody on Tuesday.

According to a report from the Melbourne Police Department, officers and deputies with the Brevard County Sheriff’s Office visited an apartment on Sept. 24 to assist with serving an injunction where police said “a strong smell of urine” was coming from the residence.

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There were bags of trash that “appeared to be collected over the last few weeks,” flies “all over the entire apartment” and dishes in the sink with old food, according to the probable cause report. Authorities also observed mold in the residence.

Officers spoke with Day and Patricia Childress, 25, who was arrested last month on a felony warrant stemming from this incident. She faces additional charges after deputies said they found a child locked in a hotel closet wearing a filthy diaper. At the time deputies served the arrest warrant to Childress, Day was not present.

Police said it was difficult to speak to the two while in the apartment because “flies were getting in officer’s mouths,” the report said.

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Childress told officers she cleans the home every other day and the flies appeared three weeks prior. The report said she told police the urine smell was caused by the children who have been urinating in the closet but later said the children were potty trained.

The children were removed from the apartment by the Department of Children and Families until authorities could verify the residence was clean.

Day faces charges of child neglect without great bodily harm.

About the Author:

Brenda Argueta is a digital journalist who joined in March 2021. She graduated from UCF and returned to Central Florida after working in Colorado.