Inset: Micah Smith and his wife (GoFundMe). Background: The Broads Fork Trail trailhead in Salt Lake County, Utah (Google Maps).
A Utah father accused of endangering his three young children by taking them on a dangerous hike has recently spoken about how the media coverage of the incident might affect his kids.
Micah Smith, 31, is facing serious charges from the Salt Lake County District Attorney’s Office, including three counts of child torture and aggravated child abuse. These charges are felonies, and if found guilty, Smith could spend the rest of his life in prison.
Following the widespread media attention this case has received, the defendant is now seeking to limit further publicity.
Defense lawyer Kayla Mahoney has referenced the intense media focus as a reason to request a ban on courtroom cameras. This request was outlined in a motion filed in Salt Lake County court last week, as reported by The Salt Lake Tribune.
The defense argues that seeing their father portrayed in jail attire or handcuffs could be detrimental to the children’s well-being, according to the motion.
“Exposure to images of their father in such a state could harm the children’s interests or well-being,” the motion states. “It’s unnecessary for the minors to be subjected to any aspect of the criminal proceedings.”
The filing goes on to argue there is “a reasonable likelihood” media coverage of the case will negatively affect the children and that “any minuscule exposure to the details of the case from the media is directly adverse to their interests and well-being.”
The defense further argued that once images or videos of the proceedings are online, they will likely be available forever and could be accessed by the Smith children for years to come, according to the filing.
The defense does not object to journalists or the public attending the proceedings. Rather, the motion argues, the judge should nix the use of any still cameras, video cameras, or livestreaming devices being used inside the courtroom.
Under Utah law, courtroom cameras and livestreaming have been permitted since 2013. As of this writing, prosecutors have yet to respond to the defense request.
The underlying incident occurred in early October at Big Cottonwood Canyon — a deep gorge in the Wasatch Mountain Range located roughly 12 miles southeast of Salt Lake City.
There, several trails are available for hikers of all experience levels, according to the hiking guide website AllTrails. Smith took his three young children — ages 2, 4, and 8 — on the Broads Fork Trail, which is a trail rated “hard” by the hiking community — an estimation echoed in a criminal information, obtained by Law&Crime.
And as the steady climb progressed that day, the weather conditions took a turn for the worse. The general terrain of the mountain and the approaching snowstorm took a toll, prosecutors allege.
“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 charging document reads. “The defendant refused to turn around when their mom told him to turn around and get the children home. He also refused to turn around when [his daughter] said to him that she was scared and that they should go. During the 24-hour ordeal, the victims expressed that they were cold, tired, and wanted to go home. The defendant, who is supposed to be the protector of his children, was ill-prepared and extremely selfish.”
Smith denied multiple requests from his daughter to leave and head home before the storm, according to the affidavit.
Then, near the top of the mountain, the girl saw the storm gathering and again suggested leaving.
“[H]e shook his head ‘no’ and said, ‘This is a once-in-a-lifetime thing,’” the charging document recounts.
As the little girl pleaded with her father to leave again and again, he told her: “[Y]ou shall not pass,” according to the information.
And then the storm came in.
By 6 p.m., the mist on the mountaintop turned to fog, the fog turned to rain, and the rain turned to snow and hail, according to various accounts of the evening contained in the charging document.
As the storm progressed, the daughter said she was “worried about living,” and Smith replied they “were okay,” authorities say.
Eventually, as the two younger boys’ health flagged, the father left the children alone in the early morning hours to go and get help, according to the charging document. The family was ultimately saved by a search and rescue team using a helicopter to attend to the children.
An eventual review of Smith’s phone by investigators showed his wife repeatedly texting him about the safety of the children, with the defendant seemingly admitting “everyone is starting to fail” and complaining: “It’s tough with three children and no second parent,” according to the criminal information filed against the defendant.
Investigators say they also found a video on the defendant’s phone in which Smith’s daughter, pointing out the fast-approaching nature of the clouds, asked: “Are we going to freeze to death, daddy?”
