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DPA resigns over failure to charge suspect days before killing

SOUTH BEND, Ind. – The St. Joseph County Prosecutor’s Office says a Deputy Prosecuting Attorney (DPA) failed to thoroughly check for a protective order when deciding not to charge Edward Mwaura following his arrest on May 30, 2013.

Mwaura is accused of killing his daughter and stabbing his wife three days later.

According to a press release, the Deputy Prosecuting Attorney decided not to charge Mwaura for violation of a protective order because a search under his last name revealed an expired protective order.

However, there was a valid protective order for Mwaura, but his last name was misspelled in the record “Mwawra.”

The prosecutor’s office says that had the Deputy Prosecuting Attorney done a search under the victim’s name, Lucy Mundia, the valid protective order would have been located.

The press release says that Mwaura should have been charged with a violation of a protective order.

Mwaura was released from custody on Thursday just hours after he was booked into the St. Joseph County jail.

The prosecutor’s office says the Deputy Prosecuting Attorney, “Failed to exercise the thoroughness expected, particularly in crimes with women and children as victims of domestic abuse.”

The individual is no longer employed with the prosecutor’s office.

ABC 57 News attempted to contact the former Deputy Prosecuting Attorney who handled the case, however calls were not returned.

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