Man accused of murdering toddler pleads not guilty

State won’t pursue death penalty because of defendant’s young age

Sheila McGuire, Herald Reporter
Posted 6/15/18

Hartley pleads not guilty to murder

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Man accused of murdering toddler pleads not guilty

State won’t pursue death penalty because of defendant’s young age

Posted

EVANSTON — The 19-year-old Bridger Valley man accused of first-degree murder in the death of his girlfriend’s 2-year-old child in early May was arraigned in Third District Court on Tuesday, June 12, where he entered pleas of not guilty on three felony counts in the case. 

In addition to the first-degree murder charge, Jesse J. Hartley is charged with aggravated child abuse and first-degree sexual abuse of a minor in the case. The murder charge carries a maximum penalty of death, life imprisonment without parole or life imprisonment. The child abuse charge is punishable by a maximum prison term of 25 years, a fine of $10,000 or both, while the sexual abuse charge is punishable by a maximum prison sentence of 50 years, a fine of $10,000 or both. 

According to court documents, on the afternoon of May 1, Uinta County Sheriff’s Office Dispatch Center received a call about an unresponsive child who was being transported by Hartley from the Bridger Valley to Evanston Regional Hospital. Hartley allegedly told dispatchers he had been watching the child while his girlfriend was away and left the boy unattended in the bathtub for approximately 30 seconds and returned to find him “floating face down in the water.” 

First responders met Hartley as he headed toward Evanston at exit 18 on Interstate 80 and initiated CPR on the child, who was then transported by ambulance to Evanston Regional Hospital, where he was pronounced dead. Court documents indicate that physicians at ERH noted extensive bruising of the child’s entire body and torso and blood in his mouth. A CT scan performed at the hospital showed brain hemorrhaging “consistent with abusive head trauma.” An autopsy revealed fresh bruising, head injury and other signs of physical and sexual abuse, and showed no evidence of drowning. 

An arrest affidavit states Hartley later told investigators he had dropped the boy prior to putting him in the bathtub. 

In district court on Tuesday, Hartley’s attorney, public defender Kent Brown, asked Judge Joseph B. Bluemel to reconsider Hartley’s bond, which had previously been set in circuit court at $100,000 cash only. Brown said Hartley is very young, has extensive family ties in the community and is not a flight risk, but the family would be unable to raise enough money to make bond. 

Uinta County Attorney Loretta Howieson argued the $100,000 cash-only bond was appropriate given the substantial injuries suffered by the child and the very violent nature of the alleged crime. Howieson further said Hartley did present a flight risk, and also said there were considerations of Hartley’s personal safety given the nature of the crime. 

Bluemel agreed the bond previously set was appropriate and noted that bond in a previous murder case in the county was set at $1 million. Bluemel said Hartley’s young age had already been taken into consideration in setting bail and issued a reminder that in capital cases such as this one there is no requirement for bond to be set at all. 

Howieson acknowledged the first-degree murder charge does carry a maximum penalty of death; however, she said the state’s position is that capital punishment is not an option in this instance as case law provides it would be cruel and unusual punishment because of Hartley’s young age. 

Bluemel ordered a pre-sentence investigation and a substance abuse assessment, and a pre-trial conference was set for Aug. 28, with a trial set for Oct. 23.