Aunt of 2-year-old Dante Mullinix also seeks injunction against York County DA, Pa. AG
Sarah Mullinix, 35, of Straban Township, Adams County, wants to again publicize children and youth services records but fears "renewed criminal prosecution."
Dylan SegelbaumSarah Mullinix doesn’t want to stop.
Less than one week after beating her criminal case for posting photos of children and youth services records and medical reports on Facebook, Mullinix, 35, of Straban Township, filed a complaint on Tuesday in U.S. District Court in Harrisburg against York County District Attorney Dave Sunday and Pennsylvania Attorney General Josh Shapiro.
Mullinix, the complaint states, wishes to again publish the records to advocate for the innocence of the man charged in her nephew’s death and highlight what she describes as the failures of the York County Office of Children, Youth and Families to protect him. But she’s “fearful of renewed criminal prosecution if she should do so.”
She’s asking Senior U.S. District Judge Sylvia H. Rambo to permanently enjoin the district attorney and attorney general from “criminally prosecuting or taking other adverse action against her” for sharing the documents.
“As long as information that the commonwealth asserts is confidential is online, the district attorney might again assert that Ms. Mercado is engaging in criminal activity,” said Aaron Martin, Mullinix’s attorney, who referred to his client by her legal name, Sarah Mercado.
RELATED:York County judge dismisses case for Facebook posts against aunt of 2-year-old Dante Mullinix
The York City Police Department earlier this year charged Mullinix with unauthorized release of information, a misdemeanor that carries a maximum sentence of one to two years in prison.
That happened after she posted the children and youth services records on Justice For Dante, a Facebook page with more than 5,000 followers. The platform is named after her 2-year-old nephew, who was murdered in York in 2018.
Mullinix believes that the man who’s awaiting trial on charges including first- and third-degree murder, Tyree Bowie, is innocent. He sent her the documents, which he legally obtained through discovery in his case.
Bowie was not charged with unauthorized released of information. The DA, she alleges in the complaint, pursued the charges because of her “outspoken advocacy.”
Free speech experts raised concerns about the prosecution and stated that it appeared to run afoul of the First Amendment.
CHECK OUT:She slammed investigation into nephew's homicide. York cops charged her for Facebook posts.
Common Pleas Judge Craig T. Trebilcock last week dismissed the case without prejudice, which means that it can be refiled.
Also last week, Victoria Schrader, Sarah Mullinix’s mother and Dante Mullinix’s grandmother, filed her own complaint in U.S. District Court in Harrisburg seeking a similar injunction to prevent the district attorney and attorney general from prosecuting her for disseminating records.
A spokesperson for the York County District Attorney’s Office, Kyle King, said Sunday would not be in a position to comment on the case.
“Dante Mullinix's death was a tragedy, and we mourn for his family and community while they continue to search for answers,” said Molly Stieber, Shapiro’s press secretary, in a previous statement. “Our office is committed to protecting children across the Commonwealth from harm.”
MORE:Her Facebook page critical of York cops sparked a rare Pa. charge. How rare? 2 in a decade.
Contact Dylan Segelbaum at 717-771-2102.