http://www.sltrib.com/2003/Jan/01072003/utah/18022.aspLeigh Hale, with her attorney, Michael Esplin, appears at a preliminary hearing Monday. Hale was testifying in the heat exhaustion death of Ian
August at a wilderness therapy program. (Steve Griffin/The Salt Lake Tribune)
BY KEVIN CANTERA
THE SALT LAKE TRIBUNE
FILLMORE -- When 14-year-old Ian August dropped to the ground during a scorching hike through Utah's west desert last summer, two of his wilderness therapy counselors thought he was faking, one of the counselors testified during a preliminary hearing Monday.
[Deb: I AM SO TIRED OF HEARING THIS FLIMSY EXCUSE, "WE THOUGHT HE WAS FAKING". EVERY "COUNSELOR" WHO HAS KILLED A TEEN HAS USED IT. THEY CALLED BACON A FAKER WHEN HE COULDN'T WALK AND FELL IN THE LATRINE, AND CONTINUED TO DO SO RIGHT UP UNTIL HE DIED. IT SHOULD NOT BE ALLOWED AS AN EXCUSE TO TORTURE KIDS OR AS A DEFENSE IN THESE CASES, THEY SHOULD BE REQUIRED TO ERR ON THE OTHER SIDE...WHAT IF THEY AREN'T FAKING??]
"I thought it might have been a show," Matt Gause said about August's collapse on the fatal July 13 hike, during which, prosecutors say, temperatures soared near 105. "There was nothing alarming about any of it."
But an autopsy later determined that August, of Austin, Texas, had died from hyperthermia -- or excessive body heat.
Following Monday's hearing before 4th District Judge Donald Eyre, the judge took under advisement whether to order Mark Wardle, Skyline
Journey's field director, to stand trial on a charge of child-abuse homicide.
Prosecutors charged 47-year-old Wardle with the second-degree felony last year, arguing he acted with criminal recklessness in failing to get help for August quickly enough to save him.
But defense attorneys contend it was less than 95 degrees outside, the point at which Utah law forbids such wilderness treks. If the case
proceeds to trial, gauging an exact temperature at the time that August died will be a central issue.
[DEB: ONE OF THE REPORTS STATED THAT THE COUNSELORS LOGGED 90* AT 8 OR 9AM WHEN THE HIKE BEGAN. I HOPE THAT INFORMATION DOESN'T GET CONCEALED. IS IT POSSIBLE THAT THE TEMP DID NOT EXCEED 95* BY 11:30? ON A DAY THE TEMPS HIT 111*.]
At the outset of Monday's hearing, Millard County prosecutor Brent Berkley dismissed a similar charge against co-defendant Leigh Hale, a head field instructor for Skyline. Hale agreed to testify against Wardle and her former employer in exchange for Monday's dismissal.
In her testimony, Hale called August "abnormally obese," adding that he was "sometimes difficult to get motivated."
August, who stood 5-foot-4 inches tall and weighed as much as 200 pounds, was sent to the program by his adoptive mother to help him deal
with his weight.
During the Skyline program -- in which troubled youths are expected to mend their ways via a dose of discipline and wilderness survival training -- a half-dozen teens set out at 9 a.m. to trek through the desert toward a trilobite quarry.
"Ian just sat down on his backpack and stopped hiking," Hale testified. "He came across as being a little bit defiant [and] I tried to convince him to keep hiking."
[DEB: IN AN EARLIER REPORT SHE SAID IAN COMPLAINED OF THIRST, IS HER MEMORY FAILING? IS HER ROLE THAT OF SLAVE DRIVER, OR CARETAKER OF TEENS? THESE INADEQUATE COUNSELORS ARE NOT CAPABLE OF DETERMINING IF SOMEONE IS FAKING, AND OBVIOUSLY NOT ABLE TO IDENTIFY LIFE-THREATENING SITUATIONS. THAT THIS CAN CONTINUE,IS INSANE.]
She said it was 20 minutes before she called Wardle, and testified that she made no further attempt to determine August's body temperature
beyond touching his skin.
Hale said it was 45 minutes before she and Gause moved August from beneath the noonday sun into the shade of a juniper tree.
She and Gause performed cardiopulmonary resuscitation for 2 1/2 hours until emergency crews reached them, about 50 miles west of Delta
in Bird Canyon.
During cross examination by Wardle's attorney, Lance Thaxton, Hale said that just one day earlier August had a medical check from "the
nurse who used to check on the kids."
"With the circumstances I think we did a very good job," Hale testified during the 10-minute defense questioning.
[DEB: EXCUSE ME, IS THIS THE TESTIMONY THAT BARKLEY DISMISSED CHARGES AGAINST HALE FOR??? THIS IS BS, PATHETIC. I REALLY FEAR THIS WHOLE TRIAL COULD BE NOTHING MORE THAN A PUBLIC CHARADE.]
The Office of Licensing, an arm of the Department of Human Services, shut down the Skyline Journey program last year, but it continues to operate while the company appeals.
On Monday, the lone defense witness, Kelly Husbands, licensing specialist for the Division of Child and Family Services, said he found
Skyline had a single violation related to the death: failing to provide August's Texas doctor with an adequate description of the environment
and the program's physical demands. Husbands added that all the participants were given adequate food and water.
Attorneys for both sides are scheduled to provide written closing arguments by next Monday.
"We have to prove that a substantial danger existed and that [Skyline] was aware of it," said prosecutor Berkley. "It was more than an accident [but] we never have alleged they tried to kill this kid."
kcan-@sltrib.com