CASS COUNTY, Ind. — Former NFL player Daniel Muir and his wife Kristin have been released from jail after an early morning bond hearing on Friday led to a judge reversing a previous decision to hold the pair without bond due to a concern of the parents being a flight risk.
Muir and his wife were arrested last week after a statewide search was launched by Indiana State Police after allegations of the couple abusing their son. The couple didn’t cooperate with providing their son to police which led to a raid on a religious compound where the family lived.
After the Muirs’ arrests, Daniel and Kristin were originally held without bail due to the judge labeling them a flight risk. The couple had previously not cooperated with authorities and failed to show up to an agreed-upon meetup to hand over their son as part of the child abuse investigation.
An emergency hearing in the Muirs case was first held on Thursday in Cass County Superior Court after attorneys representing the couple filed a writ of habeas corpus arguing that it was against the Muirs’ rights to be held without bail on Level 6 felony charges. Both parents face one charge of obstruction of justice while Daniel faces an additional domestic battery charge.
On Thursday, Judge Lisa Swaim decided she could not make a ruling on the case and said the case should be ruled upon in Circuit Court, not Superior Court.
Early Friday, a virtual hearing was held back in the proper court with the Muirs being granted a $5,000 cash bond and a $25,000 surety bond.
“After hearing the evidence and argument of both sides, the judge made the proper decision and followed the law in setting a bond that reflects the circumstances of this case and the defendants’ actions to this point,” Cass County Prosecutor Noah Schafer. “The defendants continue to have the presumption of innocence regarding the charges they face.”
Case background
The charges stem from a weeks-long investigation by Indiana State Police into allegations that Daniel Muir – a former defensive tackle with the Indianapolis Colts – abused his 14-year-old son at a religious compound they lived on in Logansport.
Daniel Muir’s son was the subject of a Silver Alert after he fell off ISP’s radar and was eventually found safe during a raid on July 3 at the Straitway Indiana Goshen property on US Hwy 24.
The mother of Kristin Muir, Daniel’s wife, told authorities on June 16 that her 14-year-old grandson was suffering from a black eye and that his father had reportedly beaten him. When authorities pulled over Kristin’s car minutes later, her son was nowhere to be found. For more on the grandma’s allegations, click here.
ISP began working with Child Services to locate the child and ensure his safety, but Kristin and Daniel were reportedly uncooperative. The couple backed out of a meeting with police scheduled for June 28 and refused to show that their son was with them and okay.
Eventually, police gathered enough evidence – including a reported confession where Daniel said he “whooped his [son’s] a** like a grown a** man” – to descend on the Muir’s property with air support, armored cars and SWAT crews.
After the 14-year-old was recovered safely, both parents were arrested for obstruction of justice and Daniel was given an additional battery charge.
During a court appearance that took place the day of their arrest, a judge circuit court judge denied the Muirs bond – citing them as a flight risk – and said that a bail hearing would be set for a later date.
Lawyers representing Daniel and Kristin Muir began arguing this week that Cass County Sheriff Ed Schroder is “illegally and unconstitutionally” holding the couple in jail. On Thursday, the defense team made their case in court and the couple was released Friday morning.
Emergency hearing for Habeas Corpus petition
Attorneys Nathan Vining and Bryan Coulter filed a petition for writ of habeas corpus Monday in Cass County Superior Court #2, arguing the circuit court judge’s decision to deny the Muirs’ bond was unconstitutional.
The attorneys filed the writ of habeas corpus to get the case in front of a new judge because their original judge was out of town. Vining and Coulter both said the matter was urgent enough that it could not wait.
”The circuit court judge was on vacation,” Coulter said. “I don’t bother judges on vacation.”
The Muirs, their attorneys, Prosecutor Schafer and Sheriff Schroder all met in a crowded courtroom Thursday in front of Superior Court 2 Judge Swaim.
Citing what they called “hundreds of years of precedent,” the defense team argued the Muirs are being treated differently than other people who face level 6 felony charges. He said that federal and state constitutions are being violated and that due process is being denied because the Muirs have not been given bond.
“I talked about something very important and that’s the presumption of innocence which has been the law of the land for a hundred years,” Vining said after the meeting. “And I think there’s some issues here in terms of, not just the case, but just prejudging what’s going on here.”
Coulter described how the Muirs live a “quiet, peaceful and private life” and do not have a criminal record. The attorneys argued that, because their clients are not accused of heinous crimes like murder or treason, they should be granted standard $1,000 bonds with $500 surety.
While Judge Swaim said she was sympathetic to the attorneys’ arguments, she said the lawyers did not take the proper steps for her to make a ruling on the case. The judge indicated that the petition for habeas corpus should have been filed in circuit court first – not her superior court.
“The defense attorneys had their strategy and they did what they felt was appropriate,” Prosecutor Schafer said after the meeting. “The judge made the right ruling today.”
After over an hour of back-and-forth, the judge ultimately refused to make any official rulings on the case and told the defense they must move their petition to the original circuit court.
The Muirs’ next hearing is now scheduled for next Tuesday, July 16.
More on Logansport property
Signs at the secluded Logansport property make no mention of the Servant Leader’s Foundation, which records show is the registered owner of the property. Multiple signs say, “Welcome to Straitway Indiana Goshen” along with a crest.
Other signs warn against trespassing and state that the location is private property.
An internet search leads to Straitway Ministries, a Tennessee-based religious group that describes itself as “nation of Hebrew Israelites who are commandment keepers; obedient to Yah (God) and our savior, Jesus the Christ.”
The group’s official YouTube page features a video from four years ago that shows a man appearing to be Daniel preaching to a crowd.
Some have described the group as a cult; Kristin Muir’s mother said she feared her grandson was being “brainwashed” and couldn’t bring himself to leave his parents.
“[He] is so conditioned or brainwashed to their way of living,” the grandma said earlier this month.
Muir family and Straitway Truth response
Vining previously spoke with reporters after the Muirs made their first court appearance following their arrest.
“The Muir family, they’ve been improperly targeted and they’re not guilty of any abuse or illegal activity. They’re entitled to their day in court and due process,” Vining said.
Pastor Charles Dowell, who leads Straitway Truth, posted several videos in the wake of the raid on YouTube. In one of the videos, Dowell said not to trust news reports or police reports about the allegations involving the Muir family.
“You better believe that Straitway is not going to be taking any of this lying down,” Dowell said. “We comin’. You better believe we comin’.”
Sports Illustrated previously detailed Straitway Truth and Pastor Dowell in an extensive report in which many people accuse the religious group of being a cult amongst other troubling allegations.