Indiana man arrested for allegedly forcing soap into 7-year-old’s mouth over curse word. Police say it may not have been the first time

A bar of soap is the focus of a police investigation in LaPorte County, Indiana, after a man allegedly tried to force it into a seven-year-old boy’s mouth as punishment for swearing. Daniel Schergen, 34, is accused of holding the child against a car seat during the incident and now faces a felony domestic battery charge.

The incident reportedly happened in late August. Schergen was traveling in an SUV with his girlfriend and four children when they stopped to drop one of the children off at football practice. Afterward, the seven-year-old used a curse word. A witness later told investigators it was “really bad,” according to WSBT.

Schergen was apparently unhappy with what the boy had said. He asked his girlfriend to stop at a convenience store in Kingsbury so she could buy soap. She returned with a bar, and Schergen allegedly used it to punish the child.

The suspect said he didn’t mean to hurt the boy

He pinned the boy down by the head and tried to get the soap into his mouth. The child fought back, keeping his mouth shut while hitting and kicking to try and get away. During the struggle, Schergen allegedly hit him in the forehead. The blow is said to have left a bleeding, oval-shaped mark and the boy crying and screaming. Schergen’s girlfriend reportedly went back to the store for bandages and alcohol wipes to treat the injury.

Police later alleged that the soap incident had happened before. Investigators said Schergen had managed to force soap into the boy’s mouth on at least one previous occasion. The authorities became involved in September, when the Indiana Department of Child Services received reports of suspected abuse and contacted local police.

Schergen didn’t dispute that he had tried to discipline the boy, but gave investigators a different account of the circumstances. He described the child as having serious temper problems and said he had been suspended from school for fighting. 

Schergen also said he was trying to stop using spanking as punishment. He had started relying on timeouts instead, although he admitted they didn’t always work. As for the injury, Schergen said he had not meant to hurt the boy. He claimed the mark appeared when he tried to keep the child’s head still against the seat.

Photographs taken by the boy’s mother later showed bruising, according to the investigation. LaPorte County Prosecutor Sean Fagan pointed to the distinction Indiana law makes between reasonable discipline and excessive punishment.

A 2008 Indiana Supreme Court decision, Willis v. State, established a parental privilege to use reasonable force for education and control. If Schergen raises that defense, prosecutors must establish that his actions went beyond reasonable discipline and amounted to criminal battery.

He could face a maximum of 30 months in prison

An arrest warrant was issued, and Schergen was taken into custody in late October. He spent five days in jail before posting a $750 bond. The charge is a Level 6 felony, which applies to battery against a child under 14 in this case.

If convicted, Schergen could receive between six and 30 months in prison and a fine of up to $10,000. A judge could also reduce certain Level 6 felony convictions to misdemeanors. Schergen remains free on bond while the case moves through LaPorte County court.