Kearns man pleads guilty in connection with daughter's death
Published: Tuesday, June 7, 2011 3:35 p.m. MDT
By Emiley Morgan, Deseret News
SALT LAKE CITY — A
Kearns man accused in connection with the death of his 4-year-old daughter has pleaded guilty to reduced charges.
Clinton Joseph Hart, 22, pleaded guilty Monday to child abuse homicide and three counts of child abuse, all second-degree
felonies, before 3rd District Judge Robert Faust. When he is sentenced July 18, Hart faces one to 15 years in prison on each
count.
Vanessa Hart died June 13, 2010, from what doctors at Primary Children's Medical Center
described as "multiple severe injuries, including massive trauma to (her) head, massive swelling of (her) brain"
and neurological damage possibly caused by several impacts to the head, according to court documents.
When Hart arrived home around 11:30 a.m., he found Vanessa unconscious,
charging documents state.
Doctors told police Vanessa's head injuries could not have been
caused by falling down a flight of carpeted stairs, and older injuries were discovered during an autopsy, including bruising
on the girl's chest.
Hart gave doctors several explanations for the girl's bruises, ranging
from falling against a table, falling off a bicycle, falling in the tub, climbing a brick wall and being hit in the eye by
a toy thrown by her 2-year-old brother, according to court documents.
Hart was initially charged
with murder, a first-degree felony, two counts of child abuse and one count of obstructing justice, all second-degree felonies.
But his attorney, Steven Shapiro, was adamant that the murder charge was too hefty for a man who wasn't home at the time
the fatal injuries occurred.
At multiple hearings, Shapiro argued Hart was overcharged, and said
after Hart pleaded that he felt the child abuse homicide charge better fit the facts of the case.
"I
think charging him with murder was something of a stretch given that he was clearly not the person who inflicted the injuries,"
Shapiro said in an interview Tuesday.
He said that while Hart may not have taken the steps he
should have to protect his daughter from abuse, he certainly didn't take part in the abuse that proved fatal.
"The thing that may get lost in the whole thing that he was charged in the abuse and then pleaded guilty to
it, was that he was a father who loved his daughter and his daughter was murdered," Shapiro said.
He said his client, who had no criminal history, is still a "somewhat sympathetic" figure as a young father
who made some mistakes and lost a child.
"Even if his behavior wasn't completely appropriate,
he didn’t do anything to deserve being the father of a murdered child."
Navarro is
charged with aggravated murder, a first-degree felony, and three counts of child abuse, a second-degree felony. A scheduling
conference in her case has been set for August 22.
OGDEN — An Ogden woman accused of killing one of her two twin boys rejected
a plea deal Thursday, leading attorneys to set a trial date for her case.
Police say Jewell Hendricks
told them she killed her 2-month-old son Robert because having twins was "too much." Hendricks, 26, is charged with
murder, a first-degree felony.
She is also charged with child abuse, a class A misdemeanor, for
"pinching and grabbing" his twin brother, Daniel, to the point that the child had bruises, police say.
Hendricks' attorney Ryan Bushell requested a trial date Thursday, but told 2nd District Judge Michael DiReda
that attorneys on both sides were still working on a plea deal.
Vernal mother ordered to prison for child abuse that led to amputation
Published: Tuesday, Aug. 3, 2010 5:50 p.m. MDT
VERNAL — A woman charged with hanging
her 5-year-old son upside down with a rope, eventually prompting doctors to amputate all of the boy's toes, was sentenced
to prison Tuesday.
Michele Juan Napolitano, 33, was charged with six counts of intentionally inflicting
serious physical injury on a child in January and pleaded guilty to the charges — all but one of which were reduced
from second-degree felonies to class A misdemeanors — as part of a plea bargain. Eighth District Judge A. Lynn Payne
sentenced Napolitano to serve one to 15 years in prison on the second-degree felony count and five one-year terms on each
of the class A misdemeanor counts. He ordered that the sentences be served consecutively.
Court
records show that the judge recommended that Napolitano "serve the maximum time (for) each charge" — a total
of 20 years. He also ordered that Napolitano pay restitution in an amount to be determined later.
The
child abuse charges were filed against Napolitano after investigators learned that her young son was not receiving medical
care. The boy had wounds on his feet that police described as similar to those you would see on "a severe burn victim
with open blisters and bleeding sores on them."
"The toes were in different stages of
decomposition but (were) primarily black and shriveled," court records state.
Police investigate 'pattern of abuse' in 4-year-old Vanessa Hart's death
KEARNS —
Police are investigating what they call "a pattern of abuse" and how it may have led to the death of a 4-year-old
girl.
Clinton Hart, 21, has been arrested for investigation of child abuse while his girlfriend,
Marina Navarro, also 21, is facing possible child abuse homicide charges in connection with the death of Hart's daughter
Vanessa Hart.
Vanessa died Sunday night at Primary Children's Medical Center after Hart returned
home from work and found Vanessa unconscious. The child was rushed to the hospital but died of her injuries.
Navarro was baby-sitting Vanessa while Hart was at work and initially claimed Vanessa fell down a flight of stairs.
Police said based on the injuries that explanation was "highly unlikely" and arrested Navarro about an
hour after Vanessa's death. Now police are investigating whether a "pattern of abuse" led to Vanessa's death,
said Unified Police Lt. Don Hutson.
"While the father wasn't at home at the time (Vanessa)
became unconscious, we are still looking at whether this pattern of abuse by the couple may have eventually led to her death,"
Hutson said.
Provo man gets 20 to life for killing infant son
Updated: 05/24/2010 05:26:48 PM MDT
Provo »
Cameron Reid Nielsen will spend at least 20 years in prison for
killing his infant son.
Fourth District Judge David N. Mortensen sentenced Nielsen Monday to
20 years to life on Nielsen's guilty plea to aggravated murder charges. Mortensen recommended Nielsen get credit for 654
days he already spent in the Utah County Jail.
Nielsen, 24, admitted to police that he squeezed
6-week-old Jason Nielsen's ribcage, shook him and threw him against the inside of his crib. Jason suffered a torn liver,
multiple broken ribs, a fractured skull and other injuries.
Jason died in foster care in October
2008. Nielsen was originally charged with eight counts of second-degree felony child abuse and one count of attempted murder,
but the charges were upgraded to aggravated murder when Jason died.
The charges could have made
Nielsen eligible for the death penalty under expanded child abuse punishments in Shelby's Law.
Mortensen
said it is basic human nature, as well as a social more, to protect helpless infants from harm.
"Besides
your children, you were the only one there. Instead of being a protector, you became an abuser," Mortensen told Nielsen
during sentencing. "Frankly, that kind of abuse defies reason and must be punished to the full extent of the law."
Nielsen did not speak at the hearing, but his mother, Tamara Nielsen, read a statement accusing
police and prosecutors of bias and misconduct, as well as blaming the press for demonizing her son while portraying his ex-wife
-- and Jason's mother -- as blameless.
"This shameful case should be a shared responsibility
between Cameron and Linnea, but it is not a murder charge," Tamara Nielsen said in an angry tone. She said her family
suffered abuse and harassment at the hands of Nielsen's ex-in-laws.
Deputy Utah County Attorney
Donna Kelly acknowledged that Nielsen was not "100 percent evil" but stressed that he needs to serve time for his
crime and, hopefully, come out of prison a better person.
"We believe a lengthy sentence
is appropriate, but he is an individual who is worthy to be released someday,"Kelly said.
But
for that to happen, she said Nielsen will need to accept the punishment and take responsibility for what happened. She expressed
the hope that his family would not interfere with that process.
Judge gives child rapist 50 years in prison
Courts » Mother defends husband who raped her daughter.
By Arrin Newton Brunson
Special To The Tribune
Updated: 02/10/2010 08:07:27 PM MST
Logan » A judge ordered a 26-year-old Logan man Wednesday to serve 50 years to life in prison Wednesday for repeatedly raping
and sodomizing his hearing-impaired, 5-year-old stepdaughter.
First District Court Judge Kevin
Allen called the abuse the most horrific case he had seen in more than 20 years, characterizing the stepfather as a "weak-minded
predator" who tied an innocent child to a bed for "sick acts" and "torturous treatment."
Logan police say the man abused his wife's daughter approximately 26 times since January 2007 when the child
was between 5 and 8-years old.
"You will never be able to make things right in this life
for what you did to that little girl and the sentence I am about to give you hopefully will see to it that you never see the
light of day," Allen said before handing down the sentence for felony rape of a child and felony sodomy of a child
. "I am also recommending that the State of Utah not spend one dime on treatment for your demented views of
sex as it is my hope and recommendation that you will never breathe free air again."
The
defendant was ordered to serve two consecutive sentences of 25 years to life in prison, the judge said.
The victim's mother, who is also deaf, used a sign language interpreter Wednesday to tell Allen that her husband
can be rehabilitated with treatment and that she wants to be married to him for eternity.
"I
do not
condone what he has done. It is wrong," she said, adding he has been good to her and
her other four children. "I still love him. I hope that I'll have the opportunity to be with him again." Allen called the moter misguided, rebuking her for failing -- in letters to the court, interviews with
investigators and in testimony to the court -- to show any sign of concern for her daughter's well-being or recovery.
When police looked into a complaint three years ago, the mother told police her daughter was making it all up, Allen said.
"Since you talk about redemption and eternal families and forgiveness, let me remind you
that there is no more solemn responsibility as a mother than to protect your children from those that would harm them,"
Allen said. "What did you think when you saw the bruises and rope marks on your daughter's legs and wrists? For three
years your daughter was brutally raped and sodomized in your own home and you didn't know it until now?"
Allen also denied the mother's request to be allowed to visit the defendant by enforcing a no-visit order for
anyone related to the victim.
SANTAQUIN — A Santaquin couple was arrested after their child was hospitalized with several broken
bones.
The month-old boy suffered a broken arm, broken ribs and a slight fracture to one leg,
according to Santaquin police detective Stan Eggen.
He said the parents first claimed the injuries
were accidental, but a full body scan revealed injuries that doctors said appeared to be intentional. Eggen said the parents
are inexperienced and later admitted that they squeezed the baby too hard after losing their patience.
Jeremy Averett was booked into the Utah County Jail for investigation of child abuse. His wife, Ashley Averett, was
booked for investigation of child neglect for allegedly failing to promptly report what had happened.
Infant LifeFlighted after alleged abuse
December
21, 2009
Father charged with child abuse after baby's death
Updated: 11/23/2009 04:50:24 PM MST
Cache County prosecutors filed charges Monday against a man accused in the shaking death of his
4-month-old son.
Francisco Martinez, 36, of North Logan, faces one count of child abuse homicide, a first-degree felony,
and two counts of inflicting serious physical harm against a child intentionally, second-degree felonies.
His son,
4-month-old Jesus Yandel Martinez, was pronounced dead at Primary Children's Medical Center just after 11 p.m. Sunday,
said North Park police Sgt. John Italasano.
Jesus was on life support since Wednesday, after Martinez called 911 to
report the child wasn't breathing. Paramedics took the infant to Logan Regional Medical Center from the home near 2500
North and 300 East, then flew him to Primary Children's Medical Center in Salt Lake City.
Martinez was arrested
Friday, after police and doctors found the child's severe internal head injuries were consistent with those of a shaken
baby.
Martinez was the only adult at home with Jesus and three other children, believed to be 18 months old, 4 and
5 years old. The baby also had other, older injuries: A broken leg and two broken ribs that were in different stages of healing.
Police arrested Martinez on Friday in Salt Lake City, where the family was staying with relatives to be close to the
child, and taken to Cache County jail. He remained in jail Monday. Immigration officials have also placed a hold on Martinez
as he is suspected of being in
the country illegally.
------------------------------------------------------------------------------------------------------------
SALT LAKE CITY - 23-year-old Evarado Mendoza will spend up to 15 years in prison for shaking his
infant daughter to death. But prosecutors say little beatrice Mendoza had been battered several times before
the fatal injury. Mendoza declined to comment before being sentenced Friday, but Angela Micklos says Beatrice's little
body told a gruesome tale of repeated abuse. Bonnie Peters of Utah Family Support Center says that anyone can stop in for
a temporary safe haven in incidents like this. "They can bring their children, free of charge, to our crisis nurseries
and we will take care of them for up to 72-hours," she says.
Teenage Mother Sentenced for Snapping Spine of 2-Year-Old Son
Saturday,
August 08, 2009
SALT LAKE CITY — A teenage mother has been sentenced to 15 years to life in prison
after being found guilty of snapping the spine of her 2-year-old son.
Adrianna Lucero was sentenced in 3rd
District Court on Friday. She was found guilty of first-degree murder and second-degree felony child abuse or neglect during a trial in April.
Utah Medical Examiner Todd Grey testified
that the boy's spine had been snapped. Lucero was 17 when the boy died Aug. 24, 2008.
Before she was sentenced,
Lucero told the court that she didn't kill the boy and that she's wrongly being held responsible.
Lucero also
was sentenced to up to 15 years in prison on the child abuse count, but the judge set that term to run concurrently with the
other sentence.
Mom charged with attempted murder of 7-year-old daughter
Crime » Last year, she told law enforcement officials she 'was afraid
she may kill her daughter.'
Updated: 07/29/2009 12:49:01 PM MDT
A 21-year-old mother charged Tuesday with attempted murder had told police
last year that she was afraid she might kill her daughter.
Now, Emperatriz Meza-Reyna is again suspected of severely
beating her same 7-year-old daughter, leaving her in a coma and fighting for her life.
Meza-Reyna took her daughter
to Pioneer Valley Hospital on July 22 with several bruises, bites and injuries all over her body. During a CT scan, the girl
went into cardiac arrest and was flown to Primary Children's Medical Center. There, she underwent brain surgery and remains
in critical condition and in a coma.
Meza-Reyna told police her daughter fell down the stairs, but doctors say her
injuries -- including bruises under her right eye, an ear, buttocks, left leg and ankle as well as a broken clavicle and bite
marks on her torso -- are not consistent with a fall.
A doctor said the injuries appeared to have been caused by being
hit with a hard object, such as a baseball bat or board, or being slammed into a hard surface, according to charges. Doctors
had to remove a portion of the girl's skull to save her life, and they say she will almost certainly suffer brain damage
as a result of the head trauma.
The latest injuries are similar to those the mother admittedly inflicted on her daughter
in 2008, when she pleaded guilty to a pair of third-degree felony child abuse charges. When she was arrested on suspicion of that abuse, Meza-Reyna told officers she
was glad she
was detained because she "was afraid she may kill her daughter," according to the new charges.
But all
of Meza-Reyna's prison time was suspended in that case. She served 17 days in jail and was given 36 months of probation.
Police say Meza-Reyna's two other children do not appear to have been abused.
Daniel Obrien said he and his wife
rented a basement room in their West Valley City home to Meza-Reyna and her family.
The Obriens lived upstairs, but
he said they never heard anything that would make them think any abuse was occurring.
"She seemed like a good
lady," Obrien said.
He said a few days ago Meza-Reyna had told him that her daughter had fallen down the stairs
and was in a coma.
West Valley City police Capt. Tom McLachlan said the Division of Child and Family Services had custody
of the Meza-Reyna's daughter for a period of time before she was returned to her mother several months ago.
DCFS
spokeswoman Liz Sollis said she could not share specifics about Meza-Reyna's case, including whether or not the department
is or has previously been involved with the Meza-Reyna family, due to confidentiality laws.
Meza-Reyna is being held
in the Salt Lake County jail on $50,000 bail. She also has an immigration detainer against her, which means she will be deported
once the case ends and she is released to federal authorities.
If convicted of first-degree felony attempted murder,
Meza-Reyna faces a possible sentence of three years to life in prison. She could face one to 15 years in prison for the second-degree
felony child abuse.
| Thursday, 23 October
2008 |
| E.M. couple each face 10 counts of abuse charges | | |
| Daily Herald |
An Eagle
Mountain couple were in court for their initial appearance Wednesday on felony charges of child abuse. Mary Heath and
Sekoa Aiono are each charged with nine counts of child abuse, a second-degree felony, and one charge of aggravated sexual
abuse of a child, a first-degree felony. Both face one to 15 years in prison for the child abuse counts and five years to
life for the sexual abuse charge, if convicted.
Aiono was found eligible for representation by the public defender's
office. Heath's attorney, Ann Boyle, declined to comment on the case, citing her client's wishes. Heath and
Aiono were arrested Oct. 14 after a young boy and girl in Heath's care were found malnourished and physically abused.
The boy and his 9-year-old sister were discovered after a concerned neighbor called police about the nearly naked girl standing
in the yard, covering herself with a newspaper. Officers arrived to find the malnourished girl, weighing 38 pounds, who had
climbed out a bathroom window and fallen 12 feet to escape. The girl told police her younger brother was still in the
home, locked in another bathroom, and they soon entered the home to find the boy curled in the fetal position, barely alive.
The 43-pound boy had a pulse of 46 beats per minute -- so faint that responding officers could barely feel a pulse at all.
Both children were taken for malnutrition and multiple physical injuries to Primary Children's Medical Center in Salt
Lake City. The children had been living with their aunt, Heath, and her boyfriend, Aiono. Police say Heath gained custody
of them from her sister about one year ago. |
| Wednesday,
10 September 2008 |
| Father arrested after 4-month-old found in critical condition
| | |
| Daily Herald |
A 4-month-old baby girl is in critical condition today after police say
she was shaken by her father. Officers were dispatched to a home at 800 S. Stubbs Ave. in Provo
on a report that a baby was not breathing. The father, 22-year-old Victor Gardea, told police that the child was in the back
room, where she was found not breathing and without a pulse. Officers and paramedics administered CPR and transported her
to Utah Valley Regional Medical Center in Provo, after which she was flown by medical helicopter to Primary Children's
Medical Center.
According to police reports, the father told officers he woke up from a nap
and found the baby turning blue, so he called 911. Doctors at Primary Children's later reported to police that the baby
had severe brain damage and internal organ damage, injuries consistent with shaken baby syndrome and physical child abuse.
According to court records, the injuries included a sore that appeared to be a burn several weeks
old, as well as fractured ribs and fingerprint bruising. Gardea also allegedly told police that the baby had fallen off the
dryer and that he had thrown her into the crib. Police interviewed Gardea, who admitted that
his actions had caused the baby's injuries. Gardea was booked into the Utah County Jail on charges of aggravated child
abuse. The baby's mother was not at home when the incident occurred and has retained custody of the couple's 2-year-old
son. Exact numbers on shaken baby cases are almost impossible to come by. Primary Children's spokeswoman Bonnie Midget said the hospital doesn't track shaken baby cases because of
disagreement over how to define it. Janet Frank with Utah Valley Regional Medical Center said the hospital's tracking
system works by diagnosis and not cause. For example, they know how many broken legs there are but not how many were caused
by sledding accidents. According to the National Center on shaken baby syndrome, the best estimate
is that as many as 1,400 babies nationally are treated in hospitals annually. In Utah, the estimate is about 13-26 annually.
A third of hospitalized infants die and a large percentage have permanent brain damage. That damage doesn't often become
apparent until the child starts to attend school and has trouble in comprehension and emotional control. Perpetrators tend
to be male though not overwhelming so, and often it is a boyfriend of the mother or babysitter, said Amy Wicks with the center,
which is based in Ogden. The cause is typically tied to crying, and shaking usually happens in
the first year when babies cry the most. The state has a new program attempting to reduce shaken
baby syndrome that targets new parents. The program started just a few months ago, and the parents are given information in
the hospital that includes a DVD on how to cope with crying. "Sometimes there's nothing
you can do," Wicks said of a crying baby. "It's OK to put the baby in a safe place and walk away. No child ever
died from crying."
• Daily Herald reporters Joe Pyrah and Janice
Peterson contributed to this story. |
Provo Father Arrested For Allegedly Beating Daughter by Kicking