The Utah County attorney's office Friday filed a charge of murder, a first-degree felony, against an Orem man accused of killing his infant son.
Tony R. Day, 20, made a first appearance before 4th District Judge Lynn W. Davis, who was filling in as a circuit court judge. Day is accused of causing the death of his 2-month-old son, Darld Austin Day.The baby died Monday at Utah Valley Regional Medical Center from injuries that doctors said are consistent with child abuse. Orem Police spokesman Gerald Nielsen said the baby was taken to the hospital April 22 by his parents with injuries to his arms and head. Nielsen said investigators believe the injuries occurred when Day was tending the child while his wife was at work.
The state medical examiner's office performed an autopsy on the infant Tuesday but investigators declined to comment on the results.
"We have information on what has occurred and what they believe happened but we have not received the autopsy report yet," Deputy Utah County Attorney John Allan said.
Davis set a waiver hearing for Thursday at 10 a.m. in Orem's 4th Circuit Court, where attorneys will decide when to hold a preliminary hearing. Day is currently free on $5,000 bail, which Davis said is low for a murder charge but he would not increase because it was set by another judge.
Day's attorney, Lee Rasmussen, asked Davis to restrict the information that Orem Police can provide to the media.
"Some of those releases could have irreparable harm," he said.
Davis told prosecutors and investigators to use caution in what information they provide to reporters.