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Originally Published: 26 NOV 25 15:15 ET
By Michael Martin
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BIG COTTONWOOD CANYON, Utah (KSTU) — A Utah father who went missing overnight last month with his three children in Big Cottonwood Canyon has been charged with multiple counts of child torture and aggravated child abuse.
The indictment accuses Micah Smith of being “selfish” and formally charges him with 3 counts of child torture and three counts of aggravated child abuse. He is currently being held without bail.
“What seemed like an innocent hike with his three children quickly turned into a nightmare when the defendant chose to summit a mountain over the safety of the kids,” the indictment read.
On Saturday, Oct. 11, Smith and his three children, ages 2, 4, and 8, went hiking in the Broads Fork Trail, and were later reported missing by family after the group failed to return and troubling text messages between Smith and his wife.
The group was finally discovered the next morning by first responders, with all four being transported to the hospital, where the 4-year-old boy remains. Search and rescue team members noted that Smith was “behaving oddly and did not appear to be concerned about the children” when the family was found, and that he told the team that “one of his children was dead.”
According to the indictment, when the group was found on the trail, the children were standing alongside a boulder with a few sticks stacked against it to provide wind cover. It was noted that the children were not wearing much clothing, and the 2-year-old was underneath the 4-year-old.
Rescuers said that when they arrived, the 4-year-old was mostly exposed, unconscious, and appeared lifeless at the time of the rescue, with first responders detecting no pulse. While being rushed to the hospital, officers performed 25 minutes of CPR on the child. Upon arrival at the hospital, the core body temperature of the boy was 62.6 degrees Fahrenheit, and he later suffered a stroke and needed to have a portion of his skull removed.
Smith’s 8-year-old daughter told investigators that at the beginning of the day, Smith told his children they were going on a 9-mile or 9-hour hike, she wasn’t sure which. When the group was about two miles from the top of the trail, they had to start climbing rocks and grabbing bushes to hold on.
As they approached the top of the trail, clouds started to roll in, prompting Smith’s daughter to tell her father that the group should leave. Smith reportedly shook his head and said, “This is a once-in-a-lifetime thing.”
After his daughter again shared that she was getting scared, Smith answered, “you shall not pass.”
When the storm arrived, it started snowing, hailing, and raining, according to the girl, with her father instructing her how to perform CPR on her 4-year-old brother.
When interviewed, Smith said the family attempted to hike back down the trail at 6 p.m. but had to stop at around 600 feet down to find shelter. During the hike down, Smith said his 2-year-old son fell and struck his head, causing him to appear dazed. At that point, Smith claimed he found a large rock and sticks to make a shelter for the children.
Two hours later, Smith told investigators that his 2-year-old son became unconscious and stopped breathing, and that he attempted CPR on the child until he was breathing on his own.
While taking shelter during the night, Smith said the 4-year-old boy started to become very cold and had difficulty breathing, but began breathing on their own again after CPR, but was still not coherent.
Smith alleged that at that point, he taught the oldest daughter how to do CPR and started going back down the mountain alone.
A search of Smith’s phone revealed multiple photos and videos taken during the day of the hike. In one video, his daughter can be heard talking about the clouds moving in and asking, “Are we going to freeze to death, daddy?”
Smith also sent multiple text messages to his wife, who asked if the children were safe. At 5:18 p.m., Smith replied, “Yes, [The 4-year-old] is exhausted. We’re almost to the very top, but everyone is starting to fail and it’s starting to rain. I’m getting tired of carrying [2-year-old]. It’s tough with three children and no second parent.”
Minutes later, Smith’s wife replied, “You better leave it’s gonna get dark.” Smith texted that he was getting stressed out and sent a photo at 6:11 p.m. showing the kids surrounded by rocks and snow.
According to the Cottonwood Heights Police Department, one month before the incident, Smith had expressed suicidal thoughts and was found with multiple firearms attempting to locate a mountain. At the time, Smith told an officer that he was “going through a really hard time” and was going to “hike up to the top of the mountain.” However, despite two guns and an axe discovered in his vehicle, Smith denied that he was going to harm himself.
On Nov. 10, weeks after he and his children went missing on their hike, Smith was found accused of trespassing at Primary Children’s Hospital and interfering with his 4-year-old son’s medical care and tampering with equipment.
Following the hospital incident, Smith was arrested for domestic violence, although information about what occurred to cause that action has not been released.
“The defendant’s behavior is clearly spiraling, and he’s not only a danger to himself, but he is a danger to these victims,” the indictment read.
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