Tooele Transcript Bulletin – News in Tooele, Utah

October 5, 2017
Couple charged in death of infant girl

Nicholas Rutherford

Nicholas Rutherford

The Wendover woman arrested in connection with the death of her 15-month-old daughter has been charged with murder.

April Carter

April Carter

April Dawn Carter, 28, was charged with first-degree felony aggravated murder and second-degree felony obstructing justice in 3rd District Court on Tuesday. The child’s father, Nicholas Ray Rutherford, 30, is charged with second-degree felony obstructing justice and misdemeanor abuse or desecration of a dead human body.

Wendover City police were dispatched to a cardiac arrest at Rutherford and Carter’s residence the morning of Sept. 27, according to a probable cause statement. Officers performed CPR on the victim but suspended lifesaving efforts once it was apparent the child was deceased.

An officer noticed bruising on the victim’s body and documented the injuries before securing the residence to preserve evidence, the statement said. Investigators obtained a search warrant and four children were removed from the home and placed in the care of the state Division of Child and Family Services.

Carter said the victim may have been injured by hitting her head on a coffee table or when Carter tripped and fell, possibly landing on the child, the probable cause statement said. Rutherford told police he came home from work to find Carter holding the child, whom she said was not breathing.

Rutherford said Carter refused to call 911 and he attempted to resuscitate the child but did not call first responders, due to confusion from sleep deprivation, the statement said.

The medical examiner’s office completed an external exam of the victim the following day and documented bruises on the victim’s head, face, neck, chest, elbows and feet. A spinal fluid sample contained blood, which was consistent with head trauma.

During the full autopsy, the medical examiner’s office determined the victim suffered multiple rib fractures, including five on the left side and three on the right side, the statement said. The fractures appeared to be healing and were not consistent with injuries sustained from CPR.

The autopsy also determined the victim showed signs of brain swelling and hemorrhage. The medical examiner’s office determined the injuries were not the result of normal childhood development but consistent with severe blunt force trauma.

During an interview with police following the autopsy, Carter said she tripped and fell on the victim but provided no further explanation, the probable cause statement said. Rutherford said Carter told him she planned to confess but did not give him details on what she meant.

Investigators noted in the probable cause statement that full custody of the victim had only been awarded to the parents on Aug. 24 after a trial home placement organized by the state Division of Child and Family Services. The victim had been removed at birth from the parents due to drug use; the victim and several of her siblings had tested positive for illegal substances prior to their initial removal from the home.

Carter and Rutherford are scheduled to make their initial appearances in 3rd District Court on Oct. 11 at 10:28 a.m. before Judge Robert Adkins.

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