Riley County Court has released the affidavit for warrant in a second degree murder case, as requested by KMAN. The case, as earlier reported by KMAN, involves the arrest last week of Joshua Mall, 39, of Riley for second degree murder and other charges in the death of Mall’s six-year-old daughter.
The affidavit indicates Riley County EMS thought they detected a pulse in six-year-old Madilyn Mall following a two vehicle accident just off Tuttle Creek Boulevard the evening of October fifth, and immediately transported her to Via Christi Hospital where she was pronounced dead. The child was suffering from apparent head trauma and neck/spine trauma.
Indications at the scene were that Joshua Mall had probably been consuming alcohol prior to the collision. A broken wine bottle was discovered on the ground around the truck and a gram of marijuana was found underneath the floor mat on the driver’s side. An apparent unused child booster seat had been thrown from the truck, with blood and glass found on the passenger seat.
Several witnesses listed in the affidavit also indicated the smell of alcohol at the scene. Mall’s criminal record mentioned in the affidavit includes several prior convictions for vehicular crimes, with Mall entering a plea of guilty in a vehicular homicide case in Colorado in 2001, in a case which originally included driving under the influence counts.
The affidavit states the belief that probable cause exists that Joshua Mall was responsible for the killing of Madilyn Mall, with KBI lab results indicating a blood alcohol over the legal limit, discovery of marijuana, open container found in the vehicle and improper restraint of the child.
