WEST JORDAN — A 22-yr-previous West Jordan man has been ordered to stand trial in the dying of his girlfriend’s 13-day-previous son last yr.
Third District Decide William Kendall ruled Thursday there’s enough proof for the homicide case towards Dylan Kitzmiller to advance to trial. The decision adopted testimony from the child’s mother, who has admitted to lowered expenses of kid abuse within the newborn’s demise.
Maria Elena Sullivan, 27, testified Thursday that she left her son with Kitzmiller for a half-hour on the night time her son, Archer Sullivan, died, returning to seek out him making a “weird bicycle motion” with the boy’s legs. She calmed the child down, put him in a swing and listened to his chest rise and fall for an hour before he made a gagging sound and stopped respiration, she stated.
“I used to be pretty hysterical when the EMT’s advised us there was nothing more that they might do,” she stated.
Kitzmiller, who maintains his innocence, did not testify and remained quiet as he sat in a brown jail uniform, fidgeting at occasions.
Sullivan testified Thursday in the course of the preliminary listening to that she used heroin for a number of days after the kid was born, saying she was irritable and had flu-like symptoms during withdrawals. She and Kitzmiller had fights the place he advised her to maneuver out, and she or he had briefly left the child with him to telephone a pal that night time saying she wanted to find a new place to stay, she testified.
Kitzmiller’s lawyer, Rudy Bautista, stated after the hearing that his shopper did not abuse or kill the boy and that prosecutors are going after the incorrect individual. He stated Sullivan’s heroin habit finally led to the kid’s demise, and that she took out her agitation throughout withdrawals on her son.
When Sullivan on Thursday did not recall specifics of conversations she had with police after the boy’s demise, prosecutors brought her a laptop with recordings of the interview to assist jog her memory. It allowed her to recall details about the boy’s injuries, but not a press release she allegedly made about Kitzmiller saying who was accountable in the boy’s demise.
“I do not keep in mind that,” she stated, her voice thick with emotion. The time immediately following her son’s demise is “muddled” in her memory, she stated, including that she was hospitalized and on suicide watch at the time.
“When a person’s story keeps changing, those are purple flags that must be significantly checked out,” Bautista stated after the hearing. His shopper wasn’t the daddy, however he did bond with the kid, Bautista added.
Sullivan was initially charged with murder, too, after prosecutors stated she continued to go away the kid in Kitzmiller’s care regardless of noticing bruises and marks. But she reached a plea cope with the state, admitting to two counts of child abuse inflicting critical damage, a second-diploma felony.
Sullivan testified she was dwelling with Kitzmiller within the basement of his mom, Jayna Bowman, after she and Kitzmiller met at…