Tooele County mother headed to prison for toddler’s death

Stock image

Child’s death ‘demonstrates a level of cruelty,’ judge says

TOOELE — Two-and-a-half years after their baby sister was found dead in her Wendover home, Baylie Rutherford’s family wants to be sure her mother is not released from prison before the rest of the children have a chance to grow up.

“We are not looking for vengeance, but we would like to see that justice is served,” said Richard Cunningham, Baylie’s former foster parent and the adoptive father to her four siblings, who range in age from 7-13. “Let these kids grow up to be adults before they have to deal with this trauma again in their lives.”

Third District Judge Dianna Gibson sentenced April Dawn Carter, 30, to at least one and up to 15 years in the Utah State Prison on Tuesday, but strongly urged parole authorities to keep her there for the maximum.

“These facts are disturbing and they’re heartbreaking,” Gibson told a crying Carter as she read her sentence. At 17 months old, the child was “helpless, vulnerable and wholly dependent on you to take care of her.”

Carter pleaded guilty in October to child abuse homicide, a second-degree felony, in a plea bargain with prosecutors. She originally faced a charge of aggravated murder, a first-degree felony and capital offense, although prosecutors did not seek the death penalty.

Prosecutor Craig Peterson said her other children would have been required to testify at an upcoming trial, and the plea deal won approval from Baylie’s family.

The judge said Carter’s admission of negligently causing the child’s death does not reflect the bruising all over the girls’ body, cuts on her face, brain swelling and eight broken ribs in various stages of healing that investigators documented.

“The amount of physical violence that was inflicted on his child over time and the night of her death demonstrates to me a level of cruelty that goes being criminal negligence,” Gibson said.

Baylie died in her home Sept. 27, 2017. The state had taken custody of the child, citing drug use, but she was returned to the home about a month before her death. Police called the condition of the home “detestable” and noted the bruising and “obvious injury” to the child, according to court records.

On Friday, several of the child’s family members wiped away tears as they urged Gibson to impose the harshest penalty, saying they should have been buying dresses for little Baylie but found themselves shopping for a coffin instead.

“I do not feel safe knowing she should have the opportunity to hurt more people,” said Lyndsey Cunningham, Baylie’s oldest sibling, at 13 years old. “I’ve forgiven her too many times.”

Carter’s family members, however, told the judge they don’t believe she killed the child.

“Yes, she did fall into drugs. And she also came back around and quit those drugs,” said her mom, Traci Strange. She told the judge Carter worked, cared for the kids and overexerted herself, but didn’t take the child’s life.

“I know she wouldn’t do that. She’s a good girl,” Strange saiid.

Carter, shackled and in a green jail uniform, emphasized just before she was sentenced that she has taken responsibility.

“I want you to know I know I’ve failed all my children and I know it’s going to be hard for everyone and I just wish I would have been there more,” she said.

Baylie’s father, 32-year-old Nicholas Rutherford, faces a charge of obstructing justice, a second-degree felony, and abuse of a dead body, a class B misdemeanor. He has not yet entered pleas and is due back in court March 31.

from Deseret News https://ift.tt/3cpAcrH