Abduction suspect won’t face kidnapping charge

Tuesday, July 10, 2007 | 2:00 a.m. CDT; updated 12:35 p.m. CDT, Saturday, July 19, 2008

A Columbia man accused of abducting his girlfriend’s daughter in April won’t face a kidnapping charge.

A judge dismissed the charge against Troy Daye, 35, in connection with the disappearance of 3-year-old Ny-Toria Kelton. The girl’s mother reported her missing from their home on West Worley Street on April 21. Police then issued an Amber Alert for the child. Kelton was returned to her mother after being dropped off at a Columbia residence that evening.

Columbia police arrested Daye the next day.

“I met with the mother of the child. She has insisted since day one that she gave permission for him to have that child,” said Andrew Scholz, Boone County assistant prosecuting attorney.

Daye was watching Kelton on April 20, a Friday, while her mother worked. He was supposed to pick Kelton’s mother up at 4 p.m. When he did not and all attempts to contact him failed, Kelton’s mother called police on Saturday.

Daye was on probation for criminal nonsupport and has an upcoming probation violation hearing because of his arrest. If he admitted to kidnapping at that hearing, Daye’s probation would be revoked and he might serve time. But Scholz said regardless of the hearing’s outcome, he would not file kidnapping charges against Daye.

“We were following the wishes of the mother of the child,” Scholz said.

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