Utah man sentenced to 7 months jail in death of his daughter
Originally Published: 31 MAR 26 14:34 ET
By Tim Vandenack
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OGDEN, Utah (KSL) -- An Ogden man charged in the death of his 4-month old daughter has been sentenced to about seven months jail.
Nicholas James Horsley, 28, pleaded guilty on Feb. 4 to reduced charges of aggravated child abuse, a second-degree felony, and endangerment of a child, a third-degree felony, in connection with the Dec. 27, 2024, incident that led to the death of his daughter. Judge Craig Hall sentenced him on March 18 to 210 days of jail, with credit for 148 days already served, and placed him on probation for four years.
Horsley also received suspended prison sentences of one to 15 years on the aggravated child abuse charge and zero to five years on the child endangerment charge. Sentencing documents say Horsley is to serve his remaining jail time "on electronic monitoring" but don't specify where he's to serve it.
Horsley was originally charged with child abuse homicide, a first-degree felony, but pleaded guilty to reduced charges as part of a plea deal. The plea deal doesn't specify exactly what happened to Horsley's daughter, but says medical scans show the girl "had sustained a catastrophic brain bleed, which was caused by nonaccidental abusive head trauma." The girl's mom had reported that the girl was "responsive and normal" before Horsley took her to another room.
The child endangerment charge stemmed from the presence of marijuana in Horsley's home when authorities were called to the scene. "While investigators were on scene, the couple's 18-month-old toddler was observed reaching for a pile of marijuana on the coffee table and had to be encouraged to leave the marijuana alone," court documents state.
Horsley was ordered to get therapy "with a particular focus on boundary setting, victim empathy and parenting skills." The two sides reached accord that the "sentencing matrix" in the case calls for 105 days of incarceration, according to the plea deal.
"Nick presents with an intellectual disability alongside symptoms of anxiety and depression. These conditions, supported by diagnostic history, appear to have influenced his functioning and may help explain aspects of the behavior underlying the current allegations," reads a mitigation report in the case prepared by his lawyer. It said he has used marijuana "to regulate emotions" but no longer uses the drug "and understands the importance of sobriety moving forward."
Horsley's partner and the mother of the girl who died defended the man in a statement to the court as part of sentencing.
"I am not saying that the way things played out should have happened or that we should have let things get as bad as they did, but I am saying that we tried. Nick loves all the kids with all his heart and would do anything for them even today and I know he is not the monster people are trying to make him believe he is," she wrote.
Weber County Attorney Christopher Allred said some "evidentiary issues" with medical examiners factored in reducing the charge Horsley faced from child abuse homicide to aggravated child abuse. According to a spokeswoman from Utah State Courts, "the child was also seriously ill at the time of death, which the attorneys acknowledge could have contributed to the death."
The sentence, Allred said, was consistent with recommendations from state probation and parole officials. Hall asked prosecutors if they would seek additional jail time, "and the prosecution responded that they were not," said the court spokeswoman.
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