Dad Charged After Daughter Dies in Snow

[-Cp]

I'm not sure murder charges are the right thing here:

TWIN FALLS, Idaho (Dec. 30) - The father of an 11-year-old girl who died, likely of hypothermia, after trying to walk 10 miles in the snow on Christmas Day has been charged with second-degree murder and felony injury to a child.
Robert Aragon, 55, of Jerome, made an initial appearance Monday in 5th District Court, where Judge Mark Ingram appointed a public defender for him. The judge denied Aragon's request to lower his $500,000 bond. He was being held in the Blaine County Jail.

Aragon was emotional during the short hearing. He banged his head on the defendant's table as Ingram read the charges against him, The Times-News reported. After Ingram noted that second-degree murder carries a maximum penalty of life in prison, Aragon said "Oh my God" as he banged his head on the table one final time.

Sage Aragon and her 12-year-old brother, Bear, were with their father on Thursday when his truck got stuck in a snow drift near state Highway 75, north of Shoshone in southcentral Idaho, according to the Lincoln County sheriff's office.

The children live with Aragon in Jerome and he was taking them to visit their mother, JoLeta Jenks, in West Magic.

After the truck got caught in the snow, authorities allege Aragon let the children out to walk to their mother's house while he and another adult stayed behind to free the vehicle.

Jenks said she called Aragon because she was concerned after no one arrived at her home on Thursday. Aragon had driven back to Jerome after letting the kids out to walk to her house, Jenks said.

"They didn't even call me, telling me they were walking," she told the Times-News.

Jenks called the police and a Blaine County search and rescue team found the boy at a rest area near the highway shortly before 10 p.m. on Thursday night.
Adults in the search effort described the snow as knee-deep for them.
The boy was found wearing only long underwear, Blaine County Sheriff Walt Femling said in a news release. Apparently delusional from hypothermia, the child had discarded his jacket, pants and shoes, the sheriff's office said. He was treated and released at a nearby hospital.

The rest area was about 4.5 miles from where the children started walking.
At some point the children separated and their mother said her son told her they disagreed about whether to keep going or turn back.

"(Bear) kept on telling her: 'Let's go, Sage, let's go, Sage,'" Jenks said, recalling what her son told her. "She said, 'No, I'm going back.'"

The little girl was found about 2.7 miles from where the two set out, barely visible under windblown, drifting snow when search dogs located her along a local road about 2 a.m. Friday. She was wearing a brown down coat, black shirt, pink pajama pants and tan snowboots, the sheriff's office statement said.

"I thought she was alive because they said they found her," Jenks said. "I was excited."

The girl was pronounced dead at a Ketchum hospital; preliminary autopsy results indicate she died of hypothermia.

Officials say temperatures in the area at the time the girl was missing ranged from 27 degrees above zero to minus 5.

Jenks and Aragon are not married. While she said she doesn't understand the decision Aragon is accused of making in letting the children walk to her house, Jenks added, "I don't need to sit and yell. I know he's going through hell right now."

http://news.aol.com/article/dad-after-daughter-dies-walking-in-snow/289384

[Abbey Marie]

A senseless tragedy.

On a side note, why are newspaper writers so lacking in talent? For example, who was the "other adult" who stayed behind in the car? I suspect it was the father's honey, so he wanted to get rid of the kids. But thanks to the writer, we don't know.

[LiberalNation]

dambass, who would honestly thing young kids could make a 12 mile walk in the cold and snow without problems.

[Noir]

tis a sad story, but not one of murder, tis one of neglect and manslaughter. Murder would have to be premeditated (if the US and UK definations are the same) and it is hard to see that he would have sent them walking in the hope that she would die.

[Abbey Marie]

tis a sad story, but not one of murder, tis one of neglect and manslaughter. Murder would have to be premeditated (if the US and UK definations are the same) and it is hard to see that he would have sent them walking in the hope that she would die.

Not always premeditated. One of the definitions of second degree murder is:
"...a killing caused by dangerous conduct and the offender's obvious lack of concern for human life". There are others.

[LiberalNation]

no it was the uncle, he was just charged.

Uncle arrested in Idaho girl's snowstorm death
http://news.yahoo.com/s/ap/20090102/ap_on_re_us/hypothermia_death;_ylt=Apjssz.MbD6PtfDm5kNVx8Zvzwc F

[SpidermanTUba]

I'm not sure murder charges are the right thing here:

TWIN FALLS, Idaho (Dec. 30) - The father of an 11-year-old girl who died, likely of hypothermia, after trying to walk 10 miles in the snow on Christmas Day has been charged with second-degree murder and felony injury to a child.
Robert Aragon, 55, of Jerome, made an initial appearance Monday in 5th District Court, where Judge Mark Ingram appointed a public defender for him. The judge denied Aragon's request to lower his $500,000 bond. He was being held in the Blaine County Jail.

Aragon was emotional during the short hearing. He banged his head on the defendant's table as Ingram read the charges against him, The Times-News reported. After Ingram noted that second-degree murder carries a maximum penalty of life in prison, Aragon said "Oh my God" as he banged his head on the table one final time.

Sage Aragon and her 12-year-old brother, Bear, were with their father on Thursday when his truck got stuck in a snow drift near state Highway 75, north of Shoshone in southcentral Idaho, according to the Lincoln County sheriff's office.

The children live with Aragon in Jerome and he was taking them to visit their mother, JoLeta Jenks, in West Magic.

After the truck got caught in the snow, authorities allege Aragon let the children out to walk to their mother's house while he and another adult stayed behind to free the vehicle.

Jenks said she called Aragon because she was concerned after no one arrived at her home on Thursday. Aragon had driven back to Jerome after letting the kids out to walk to her house, Jenks said.

"They didn't even call me, telling me they were walking," she told the Times-News.

Jenks called the police and a Blaine County search and rescue team found the boy at a rest area near the highway shortly before 10 p.m. on Thursday night.
Adults in the search effort described the snow as knee-deep for them.
The boy was found wearing only long underwear, Blaine County Sheriff Walt Femling said in a news release. Apparently delusional from hypothermia, the child had discarded his jacket, pants and shoes, the sheriff's office said. He was treated and released at a nearby hospital.

The rest area was about 4.5 miles from where the children started walking.
At some point the children separated and their mother said her son told her they disagreed about whether to keep going or turn back.

"(Bear) kept on telling her: 'Let's go, Sage, let's go, Sage,'" Jenks said, recalling what her son told her. "She said, 'No, I'm going back.'"

The little girl was found about 2.7 miles from where the two set out, barely visible under windblown, drifting snow when search dogs located her along a local road about 2 a.m. Friday. She was wearing a brown down coat, black shirt, pink pajama pants and tan snowboots, the sheriff's office statement said.

"I thought she was alive because they said they found her," Jenks said. "I was excited."

The girl was pronounced dead at a Ketchum hospital; preliminary autopsy results indicate she died of hypothermia.

Officials say temperatures in the area at the time the girl was missing ranged from 27 degrees above zero to minus 5.

Jenks and Aragon are not married. While she said she doesn't understand the decision Aragon is accused of making in letting the children walk to her house, Jenks added, "I don't need to sit and yell. I know he's going through hell right now."

http://news.aol.com/article/dad-after-daughter-dies-walking-in-snow/289384





Either one of three things is going on:
1) There's something we're not being told here
2) There is an overzealous prosecutor
3) There is an overzealous racist prosecutor


I mean come on, murder? Murder requires intent to kill. Perhaps there was intent to kill - but from the facts in the story we've read it appears just to be a direct result of the world's most ignorant and stupid man having kids.

Seriously, how retarded can one guy be? He lives in Idaho, I assume he's familiar with - SNOW - duh. I'm sure if 6 feet of snow landed in Key West the residents there might all die but folks in Idaho should know how to handle the stuff.

[Trigg]

Murder charges are completely accurate in this instance IMHO.

He sent a 12yr old and 11yr old out in the cold snow to WALK 10 miles after his car broke down and then didn't even bother to call and check that they made it.

The man is an idiot and completely responsible for the death of his daughter, it's only by the grace of God that he didn't loose both of them. The boy suffered hypothermia and was found in his long under-ware.

The fact that the man and children are used to snow makes this story even worse. I would expect someone who has never lived up North to be ignorant of how hard it is to walk in snow and the dangers of hypothermia. This man and his companion are completely responsible for the death of the daughter.

He deserves jail time.

Just as yourselves when the last time it was that you walked 10 miles in good weather. How tired were you at the end?????????????????? Now ask yourself, why would anyone do that to children in freezing snowy conditions?

[-Cp]

Without knowing ALL the facts - from this article - it'd seem that manslaughter charges would be more appropriate?

[Immanuel]

Without knowing ALL the facts - from this article - it'd seem that manslaughter charges would be more appropriate?

Ah, but the prosecutor knows that if he charges him with murder the chances are they will plea down to the lessor charge of Manslaughter. Whereas, if they charge him with Manslaughter to start with the plea will end up being criminal negligence with no time served.

Go for the gusto and negotiate downward. ;)

Immie

[SpidermanTUba]

Murder charges are completely accurate in this instance IMHO.

He sent a 12yr old and 11yr old out in the cold snow to WALK 10 miles after his car broke down and then didn't even bother to call and check that they made it.


The man is an idiot and completely responsible for the death of his daughter, it's only by the grace of God that he didn't loose both of them. The boy suffered hypothermia and was found in his long under-ware.


I don't think you understand what "murder" is. Its has nothing to do with being irresponsible, there has to be intent to kill.



The fact that the man and children are used to snow makes this story even worse. I would expect someone who has never lived up North to be ignorant of how hard it is to walk in snow and the dangers of hypothermia. This man and his companion are completely responsible for the death of the daughter.



He deserves jail time.


Just as yourselves when the last time it was that you walked 10 miles in good weather. How tired were you at the end?????????????????? Now ask yourself, why would anyone do that to children in freezing snowy conditions?



10 miles in good weather? On an tangential note, its odd you would mention that considered how many Americans actually thought those who were trapped in New Orleans without a car for Katrina should have just walked 70 miles up the road to the nearest non-evacuated Parish.



Most I've ever walked in a day was 21 miles. It was with a full backpack and through mountainous terrain. I thought I was going to die. I think its what led to problems with my knee later in the trip.


The fact that he deserves jail time doesn't mean that every homicide is a murder. He's not guilty of murder unless he sent the kids out with the intent of causing their deaths, and the prosecutor had better be able to prove that if he wants the murder charge to stick, it has nothing to do with how stupid he is. You can't commit murder just because you were stupid and irresponsible - you have to mean to kill somebody or inflict grave bodily harm.

[Little-Acorn]

no it was the uncle, he was just charged.

Uncle arrested in Idaho girl's snowstorm death
http://news.yahoo.com/s/ap/20090102/ap_on_re_us/hypothermia_death;_ylt=Apjssz.MbD6PtfDm5kNVx8Zvzwc F

It was both the father and the uncle.

From the article you referenced:


The warrant accuses Kenneth Quintana, 29, of second-degree murder and felony injury to a child, said Jerome County sheriff's Deputy David Ursino.

The children's father, Robert Aragon, 55, was arrested earlier this week and faces the same charges.

Aragon and Quintana had been driving the children to visit their mother when their 1988 Buick Century got stuck in a snowdrift on a desolate road. They allegedly allowed the children to attempt the trek on foot along a windswept, snowy highway while they stayed to free the car.

[SpidermanTUba]

Ah, but the prosecutor knows that if he charges him with murder the chances are they will plea down to the lessor charge of Manslaughter.
Whereas, if they charge him with Manslaughter to start with the plea will end up being criminal negligence with no time served.

Go for the gusto and negotiate downward. ;)

Immie


The evidence is a slam dunk for at least negligent homicide which usually carries quite severe maximum penalties. Prosecutors generally charge people with the crimes they actually committed, and if the defendant plays ball it gets dropped to a lower crime. But if they have plenty of evidence then they don't have to give very much to the defendant to get a plea

Charging someone with a crime you know they did not commit would be considered an abuse of office by most rational people and may actually be illegal in some states. I would hope its illegal in all states.

[LiberalNation]

It was both the father and the uncle.

From the article you referenced:

that was in responce to abby's girlfriend/fling remark.

[Trigg]

I don't think you understand what "murder" is. Its has nothing to do with being irresponsible, there has to be intent to kill.



10 miles in good weather? On an tangential note, its odd you would mention that considered how many Americans actually thought those who were trapped in New Orleans without a car for Katrina should have just walked 70 miles up the road to the nearest non-evacuated Parish.



Most I've ever walked in a day was 21 miles. It was with a full backpack and through mountainous terrain. I thought I was going to die. I think its what led to problems with my knee later in the trip.


The fact that he deserves jail time doesn't mean that every homicide is a murder. He's not guilty of murder unless he sent the kids out with the intent of causing their deaths, and the prosecutor had better be able to prove that if he wants the murder charge to stick, it has nothing to do with how stupid he is. You can't commit murder just because you were stupid and irresponsible - you have to mean to kill somebody or inflict grave bodily harm.

He sent them out in freezing weather to walk 10 miles. So basically, he sent them out to their deaths wearing pajama pants.

[Immanuel]

The evidence is a slam dunk for at least negligent homicide which usually carries quite severe maximum penalties. Prosecutors generally charge people with the crimes they actually committed, and if the defendant plays ball it gets dropped to a lower crime. But if they have plenty of evidence then they don't have to give very much to the defendant to get a plea

Charging someone with a crime you know they did not commit would be considered an abuse of office by most rational people and may actually be illegal in some states. I would hope its illegal in all states.

Hey Spidey, just a bit of information... I was only joking. Law isn't like selling a used car. It was just a joke.

Immie

[emmett]

Tragedy....... Involuntary manslaughter. Have all the facts been considered before jumping on the bandwagon. Did the dad possibly think not letting them walk would be dangerous, given the hour of the day. Was it possible that he considered this and let them go because he was worried about them being stranded with him. If so, I admit he should have went with them, bad move.... but murder. Get real! Involuntary Manslaughter.... 2 years. Lifetime of guilt! Case closed.

The Uncle.... child endangerment. 180 days. Lifetime of guilt! Case closed!

[LiberalNation]

Murder charges dropped in Idaho girl's snowy death

http://news.yahoo.com/s/ap/hypothermia_death;_ylt=AihZ_6iDtMz_4rc7FraF8m8DW7o F

BOISE, Idaho – An Idaho prosecutor dropped murder counts against two men and instead charged them with involuntary manslaughter in the death of an 11-year-old girl who was trying to walk 10 miles in the snow on Christmas Day.

Lincoln County Prosecutor E. Scott Paul filed a motion Tuesday amending the second-degree murder charges against Robert Aragon, 55, and his cousin Kenneth Quintana, 29, in the death of Aragon's daughter, Sage Aragon.

Aragon and Quintana, both of Jerome, are now charged with one count each of felony involuntary manslaughter for their roles in the girl's death. Both men also are charged with felony injury to a child.

Authorities said the girl and her 12-year-old brother, Bear, were with their father and Quintana on Dec. 25, when Aragon's car got stuck in a snow drift en route to the home of the children's mother.

In the criminal complaint, the prosecutor accuses Aragon and Quintana of allowing the children to walk to their mother's home while the adults tried to dislodge the car. Officials had said temperatures in the area at the time the girl was missing ranged from 27 degrees above zero to minus 5.

The children ultimately separated and never made it to their mother's house. The boy survived, but rescue crews found the girl the next day buried in snow. She was later pronounced dead, likely of hypothermia.

Aragon was arrested Dec. 26 and charged with second-degree murder and felony injury to a child. Quintana was arrested days later and charged with the same crimes. Aragon is being held on a $500,000 bond in the Jerome County Jail; Quintana is being held on a $150,000 bond in the Blaine County Jail, the Idaho Mountain Express reported.

Under Idaho law, the difference between second-degree murder and involuntary manslaughter is the level of intent, said Nora O'Callaghan, a criminal law professor at the University of Idaho.

"Involuntary is a case of showing indifference to the value of human life by your conduct," O'Callaghan said. "It's not like you wanted the person to die, but you should have been more protective of human life."

If convicted of involuntary manslaughter, the two men face up to 10 years in prison.