SIM GILL, Bar No. 6389 District Attomey for Salt Lake County KIMBERLY M. CRANDALL, Bar No. 8826 ROBERT N. PARRISH, Bar No. 2530 Deputy District Attorney 111 Eest Broadway, Suite 400 Salt Lake City, UT 84111 ‘Telephone: (385) 468-7600 IN THE THIRD DISTRICT COURT, WEST JORDAN DEPARTMENT IN AND FOR THE COUNTY OF SALT LAKE, STATE OF UTAH ‘THE STATE OF UTAH, Screened by: HOMICIDE UNIT Assigned to: KIMBERLY M, CRANDALL Plaintiff, and ROBERT N. PARRISH vs. INFORMATION DYLAN JAMES KITZMILLER, BALL: $1,000,007.00 DOB: 07/13/1996, 9211 South Wights Fort Road Warrant/Release: NOT BOOKED ‘West Jordan, UT 84088 : D.L#: DA Case No. 17025267 Defendant; Case No. MARIA ELENA SULLIVAN, DA Case No. 17025614 DOB: 05/10/1991, Co-Defendant. Case No. ‘The undersigned Sergeant C. Hahn with the West Jordan Police Department in reference to agency case no. 171014887, upon a written declaration states on information and belief that the defendant, DYLAN JAMES KITZMILLER, committed the crimes of COUNT 1 MURDER, 76-5-203 UCA, First Degree Felony, as follows: That on or about September 17, 2017, in Salt Lake County, State of Utah, the defendant did (a) intentionally or knowingly cause the death of A.S.K; or (b) intending to cause serious bodily injury to another, commit an act clearly dangerous to human life that caused the death of another; or (©) acting under circumstances evidencing a depraved indifference to human life, knowingly engage in conduct which created a grave risk of death to another and thereby caused the death of another; or(@ @ engage in the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense, or was a party to the predicate offense; and i) a person other than a party as defined in Utah Code Section 76-2-202 was killed in the course of the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense; and ii) the actor acted with the intent required as an element of the predicate offense; the predicate offense is Child Abuse under 76-5-109(2)(a) — intentionally or knowingly causing serious physical injury or intentionally or knowingly permitting another to cause serious physical injury toAS.K., & 13-day old child, COUNT2 CHILD ABUSE, 76-5-109(2)(a) UCA, Second Degree Felony, as follows: That between ‘September 7, 2017 and September 17, 2017, in Salt Lake County, State of Utab, the defendant id (@) intentionally or knowingly inflict serious physical injury to A.S.K; that is, caused a comtminuted spiral fracture of the right humerus; or (b) having the care or custody of A.S.K,, intentionally or knowingly caused or permitted another to inflict serious physical injury on A.S.K. COUNT 3 CHILD ABUSE, 76-5-109(2)(a) UCA, Second Degree Felony, as follows: That between September 7, 2017 and September 17, 2017, in Salt Lake County, State of Utah, the defendant id (@) intentionally or knowingly inflict serious physical injury to A.S.K; that is, caused a fracture of the frst left rib; or (b) having the care or custody of A.S.K,, intentionally or knowingly caused or permitted another to inflict serious physical injury on A.S.K. COUNT 4 CHILD ABUSE, 76-5-109(2)(a) UCA, Second Degree Felony, as follows: That between September 7, 2017 and September 17, 2017, in Salt Lake County, State of Utah, the defendant did (a) intentionally or knowingly inflict serious physical injury to A.S.K; that is, caused multiple injuries, including bruises/abrasions to hands, ear, chest, flanks, upper arms, and chin; or (b) having the care or custody of A.8.K,, intentionally or knowingly caused or permitted another to inflict serious physical injury on A.S.K. THIS INFORMATION IS BASED ON EVIDENCE OBTAINED FROM THE FOLLOWING WITNESSES: C. Hahn, F. Bardole, J. Bowman, A. Curtis, C. Geer, 8. Hutchins, N. Dailami, J. Robertson, D. Saunders, B. Schaaf, and T. Smith,DECLARATION OF PROBABLE CAUSE: ‘Your Declarant, Sergeant C. Hahn with the West Jordan Police Department, based on information in report number 17H014887, interviews of witnesses, and investigation by law enforcement officers states as follows: A.S.K. was bom on September 4, 2017 with no known health problems or conditions. MARIA ELENA SULLIVAN is A.S.{C’s biological mother. At all times relevant to this Information, SULLIVAN was residing with A.S.K. and her boyfriend, DYLAN JAMES KITZMILLER, in the basement of the home of KITZMILLER’s mother in Salt Lake County, Utah, On September 17, 2017 at approximately 11:30 p.m., patrol officers responcled to a full arrest report involving an infant at the home of KITZMILLER’s mother. When officers arrived, they located A.S.K. on a bedroom floor. First officers on scene performed CPR on A.S.K. until medical personnel attived at 11:32 p.m. Life-saving measures were unsuccessful in resuscitating the infant and A.S.K. was pronounced dead at the scene, Police officers and medical personnel observed bruising around the infant’s eyes, left shoulder and arm as well as discoloration on his bottom lip and chin. There was also an injury to his left ear, which appeared bruised, raw and peeling. During a search of the basement bedroom, officers located a number of items of adult and baby clothing that appeared to have blood stains on them, SULLIVAN told officers that on September 17, 2017, A.S.K. seemed tired in the moming but happy. As the day went on A.S.K. started to moan, SULLIVAN had brunch with KITZMILLER’s mother and her sisters and left A.S.K. downstairs with KITZMILLER. Both SULLIVAN and A.S.K. took a nap on the couch upstairs in the aftemoon between the hours of 01:00-03:30 p.m. and A.S.K. seemed better after the nap but became uncomfortable at some point that afternoon, A.S.K, was given gas drops to help him feel more comfortable. Later in the evening, when KITZMILLER returned home, SULLIVAN once again left ASK. in the care of KITZMILLER to make a phone call to a friend at approximately 9:00 p.m. SULLIVAN stated thet she was upstairs on the deck on the phone with a friend for approximately half an hour. SULLIVAN told her fiend she needed a way to get away from KITZMILLER's abuse of SULLIVAN and AS.K. During the phone call, A.S.K. was in KITZMILLER’s sole care. After the phone call, SULLIVAN went downstairs and found A.S.K. wearing only a diaper and KITZMILLER moving his legs “in a rough weird bicycle thing”. She said that KITZMILLER told her that A.S.K, would be fine and to just put him to sleep. She stated that she picked A.S.KC. up, swaddled him and he was calmer so she put him in his swing at around 10:00-10:30 p.m, She then Inid down by him in her bed and heard him moan continuously. She said she fell asleep momentarily but woke up as A.S.K. was making grunting noises and at some point, was gasping for air. SULLIVAN said that she grabbed A.S.K. and pinched his bottom trying to get a response, She woke KITZMILLER up and went to pick A.S.K. up. She stated she heard the baby gasp a few more times, then he stopped breathing, Both