Utah Man Booked on Felony Child Abuse Charges for Throwing Corrosive Substance on Young Children

A Utah man was booked into Cache County jail on felony child abuse charges after he threw a corrosive substance on two young children, resulting in burns to their skin.

Chemical burns

Photo by: Michael Coghlan

32 year old Jason Keith Summers of Smithfield, Utah was arrested after he entered onto a neighbor’s property and threw a substance thought to be sulfuric acid on two young children playing in the yard. Sulfuric acid is a common ingredient in drain cleaner and fertilizer which can not only cause burns and tissue damage but also blindness. Both children suffered chemical burns to their skin, one who had the chemical thrown on his face required additional treatment from a specialized burn center. After trying to flee custody, Summers was finally booked into jail on multiple charges including second degree felony child abuse.

Child Abuse

Utah Code 76-5-112.5 states: “Unless a greater penalty is otherwise provided by law:

(a). . . a person is guilty of a felony of the third degree if the person knowingly or intentionally causes or permits a child or vulnerable adult to be exposed to, inhale, ingest, or have contact with a controlled substance, chemical substance, or drug paraphernalia;

(b) . . . a person is guilty of a felony of the second degree, if:

(i) the person engages in the conduct described [above]; and

(ii) as a result of the conduct . . . , a child or vulnerable adult suffers bodily injury, substantial bodily injury, or serious bodily injury”.

History of drugs and violence

Perhaps in defense of his actions, Summers alerted police that he had used drugs the day of the chemical attack and law enforcement agreed Summers appeared under the influence of something. Court records further indicate Summers has a lengthy history of aggressive behavior while under the influence of illicit substances. While drug use may cause individuals to behave in ways they normally wouldn’t, they are still ultimately held responsible for their actions. Hopefully a treatment plan to overcome addiction will be included with the punishment handed down to Summers so he can stop the cycle of drug use and criminal actions.

Utah Mother Arrested For Felony Child Abandonment

A Utah mother was arrested for felony child abandonment after authorities found her children to be living in deplorable circumstances.

Unsafe living conditions

39 year old Virginia Mary Martinez, a resident of the Shivwits Indian Reservation in Washington County, Utah was arrested after officers responding to a call about a loud verbal fight found Martinez living in a trashed trailer along with two small children. The young children, ages 2 and 3, were dirty and hungry with visible skin ailments due to the living conditions. The home Martinez and the children were living in was falling apart and crawling with bugs. After an investigation into the conditions at the Martinez home, the Division of Child and Family Services removed the toddlers and Martinez was arrested for child abandonment.

Child abandonment

Utah Code 76-5-109 regarding child abuse states: “Child abandonment’ means that a parent or legal guardian of a child;
• . . . Intentionally fails to make reasonable arrangements for the safety, care, and physical custody of the child; and
• . . . intentionally fails to provide the child with food, shelter, or clothing . . .
A person who commits child abandonment . . . [is] guilty of a felony of the third degree”.

Rehabilitation

Martinez is reported by a family member to have a possible drug problem and had admitted to not being able to obtain food for her children as she had no means of transportation. Now that Martinez has lost her children for an undetermined period and is behind bars, let this be an opportunity for her to obtain treatment for her addictions and hopefully be healthy enough to be reunited with her children later on. For more information on drug treatment options for those who are trying to raise children while fighting addiction, contact the Substance Abuse and Mental Health Services Administration National helpline at 1-800-662-HELP. For legal counsel contact a criminal defense attorney.

Felony Child Endangerment for Prenatal or Breastfed Drug Exposure

Two Utah mothers have been arrested within the last month for child endangerment after their babies experienced prenatal or breastfed drug exposure.

Born addicted

Photo by: Sander van der Wel

A Tooele Utah mother was arrested late last month after her baby was born prematurely and with drugs in its system. 20 year old Shay Christensen gave birth to her baby just 1 week shy of her third trimester while in the bathroom during a prenatal appointment. While the preemie survived its premature birth, both mother and infant tested positive for illicit drugs and Christensen was arrested for felony child endangerment.

Tainted breast milk

Last week a 3 day old baby boy was rushed to the hospital in St. George after the infant stopped breathing and turned blue. During an investigation, a needle full of heroin was discovered in a diaper bag and the mother admitted it was hers. 29 year old Elizabeth Canon told police she had used heroin and then breastfed her baby multiple times. After ingesting the tainted breastmilk, the baby ceased breathing and CPR was performed until paramedics arrived. Canon was booked in the Washington County Jail on felony child endangerment.

Felony child endangerment

Utah Code 76-5-112.5 states regarding felony child endangerment:

(a)“A person is guilty of a felony of the third degree if the person knowingly or intentionally causes or permits a child . . . to be exposed to, inhale, ingest, or have contact with a controlled substance, chemical substance, or drug paraphernalia; . . .
(b)A person is guilty of a felony of the second degree if the person engages in the conduct described [above]; and as a result, a child . . . suffers bodily injury, substantial bodily injury, or serious bodily injury; . . .
(c)A person is guilty of a felony of the first degree if the person engages in the conduct described [above] and as a result of the conduct . . . a child . . . dies.”

Both Utah mothers are facing second degree felonies since their babies suffered injuries due to the parent’s drug use; One being born prematurely and with injuries from the mother using while pregnant and the other’s respiratory system going into distress after being exposed to drugs while breastfeeding. A second degree felony in Utah is punishable by a possible prison term of one to 15 years as well as fine of up to $10,000.

Substance abuse during pregnancy

Photo by: Torsten Mangner

Both Utah women are suspected of using drugs during pregnancy and while many parents couldn’t imagine exposing an unborn baby or infant to drugs, it is more common than people think. According to the National Institute on Drug Abuse, “there was a five-fold increase in the proportion of babies born with NAS [neonatal abstinence syndrome] from 2000 to 2012, when an estimated 21,732 infants were born with NAS – equivalent to one baby suffering from opiate withdrawal born every 25 minutes.” Although many pregnant mothers are able to get rid or unhealthy or dangerous habits for the sake of their unborn child, addiction is hard for many to overcome-regardless of their born and unborn children who are depending on them to stay sober.

Seek help

Those who are looking for help with substance abuse including parents or soon to be parents are encouraged to call the Substance Abuse and Mental Health Services Administration (SAMHSA) at 1-800-622-HELP(4357). According to their website, “SAMHSA’s National Helpline is a free, confidential, 24/7, 265-day-a-year treatment referral and information service (in English and Spanish) for individuals and families facing mental and/or substance use disorders.” They go on to note “This service provides referrals to local treatment facilities, support groups, and community-based organizations.” For legal questions or aid regarding criminal charges related to substance abuse and its effect on the loved ones of those suffering from addiction, contact a criminal defense attorney.