Charges of child-abuse homicide have been filed against a Nephi-based wilderness therapy program and two of its employees in the July death of a 14-year-old boy.
Mark Wardle, program coordinator, Leigh Hale, program counselor and EMT, along with Wow Developments, LLC, doing business as Skyline Journey, were charged with one count each of child-abuse homicide, a second-degree felony, Thursday in 4th District Court in Fillmore.
Child-abuse homicide carries a maximum penalty of one to 15 years in prison and a possible fine of $10,000 plus an 85 percent surcharge. There is no minimum mandatory punishment for the offense.
Ian August died during a hike sponsored by Skyline Journey in Millard County from hyperthermia or over-heating of the body, according to the boy's autopsy report.
Charges were filed after attorneys reviewed an "extensive and exhaustive" investigation by the Millard County Sheriff's Office and a medical examiner's report, according to a statement from Millard County Attorney LeRay G. Jackson.
The medical examiner determined the death was an accident, Millard County deputy attorney Brent Berkley said. "But that doesn't change the legality of whether it was a crime."
August, 14, from Austin, Texas, was on a hike with Skyline Journey near Marjum Canyon on July 13. About 11:30 a.m. he began breathing heavily, sweating excessively and lying on his back. He refused to continue hiking. Counselors didn't call 911 until about 1:30 p.m., Millard County Sheriff Ed Phillips told the Deseret News in July.
The boy lost consciousness and counselors moved him into the shade, in a sitting position, and observed him from a short distance. When August did not move, they checked him and found no pulse. They began CPR and continued until deputies, an ambulance and Search and Rescue personnel arrived, Phillips said.
Since August's death, there has been a dispute about the temperature of the area at the time.
The mountainous desert area is 60 to 70 miles outside Delta, which reached a high of 110 degrees July 13. Delta's elevation, about 5,000 feet, is lower than Marjum Canyon, about 6,400 feet.
According to state regulations, the temperature at which a group must quit hiking is 95 degrees. The sheriff's office believes the temperature at the location and time of August's death was above 95 degrees. Skyline Journey officials have said the temperature was below 95.
E-MAIL: lhancock@desnews.com