Judge recuses himself from MCAS daycare worker’s case

The Yuma County Superior Court presiding over the cases against the two former employees of the Child Development Center at Marine Corps Air Station Yuma recused himself from one of the cases on Wednesday.

During a joint hearing for Valerie McKinstry, who appeared in person, and Katherine McCombs, who made her appearance telephonically, Superior Court Judge David Haws raised the matter of there being the potential of a conflict of interest in both cases.

In addressing McKinstry’s case first, Judge Haws explained that while he has never met her before, someone in his office knows her personally.

He went on to say that he has spoken with the prosecutor assigned to the case and McKinstry’s attorney, Richard Edgar, and they were both in agreement that it would not be an issue going forward, so he will continue to preside over her case.

McCombs’ case, however, will be reassigned to a new judge.

Judge Haws informed her attorney Joshua Cordova that while he does not know McCombs, he does know her husband and therefore he cannot participate in the case any further.

McKinstry has been charged with 13 counts of intentional child abuse, while McCombs, who now resides in California, is charged with seven counts of the same offense.

These charges are considered Class 4 felonies by the state of Arizona and for these cases, it is alleged that the defendants intentionally or knowingly caused a child to suffer physical injury or abuse.

Given that one of the cases is being reassigned to a new judge and that there are still disclosure issues in both cases, Judge Haws granted requests from Edgar and Cordova for a 60-day continuance.

McKinstry and McCombs’ next hearing is scheduled for 8:30 a.m. on June 1. No plea offers have been made in either of the cases yet.

Judge Haws also warned both women about adhering to their conditions of release after it was brought to the attention of the court that a victim reported that McKinstry was allegedly following them while they were at a department store.

McKinstry and McCombs were charged with the offenses following a 10-month investigation in which they allegedly abused children on various occasions between December 2020 and March 2021.

MCAS Yuma learned of the alleged abuse in March of 2021 after reviewing surveillance camera footage inside the Child Development Center and informed Yuma police.

McKinstry and McCombs were issued a summons to appear at the conclusion of the investigation.