Jury acquits man who allowed daughter to freeze to death

[JediMindTrick]

There was a thread on this topic when it happened last year but I can't find it.

If you don't recall this is the case where a guy sent his two young kids to walk eleven miles home in a raging blizzard. One froze death and the other nearly did so. The father, Robert Aragon, was charged with murder though that was later amended to manslaughter. Today a jury has sadly determined he is guilty of nothing.

http://www.localnews8.com/Global/story.asp?S=11289507

Juries are getting dumber every day.

[Seanachie]

I suppose it was a jury of his very own peers. Dumb and dumber is the adage that comes to mind. Geesh! Idjits ALL!

[bella-day]

I remember this story. Very sad indeed.

I wonder what made the jury decide that he was not responsible? Maybe his attorney convinced them it was the children's idea to walk the other 10 miles?

[LouC]

The trial for Jerome resident Robert Aragon entered its second day.
Robert Aragon's son Bear, 13, took the witness stand in Shoshone this morning.

Bear said after the elder Aragon's car became stuck on Magic road on Christmas day last year, Bear and his sister Sage, 11, wanted to walk to their mother's house at West Magic. Bear Aragon said that his father told them to be careful, stay together, and don't go into the fields.

Bear said the two of them began walking while the sun was still high in the sky. But the weather changed, and his sister Sage died of hypothermia after becoming lost in a snowstorm.

Judge Richard Bevan says it will be up to the jury to decide whether Aragon's choice to let his children try to walk ten miles through the snow to their mother's house was a result of harmful intent or not. Click LINK (http://www.kmvt.com/news/local/63800027.html)

I would be willing to bet a very large sum of money that the jury of 7 women and 5 men concluded Robert Aragon lost his daughter because of his "bad decision" and thus had been "punished" enough already.

[FREE DON]

I have a question dose this man not drive?

[sisyphus]

I would be willing to bet a very large sum of money that the jury of 7 women and 5 men concluded Robert Aragon lost his daughter because of his "bad decision" and thus had been "punished" enough already.

What was this 'derf' doing while these kids were wandering?
I mean, how long does it really take to dig out a car?

[LouC]

What was this 'derf' doing while these kids were wandering?
I mean, how long does it really take to dig out a car?

Very good questions.

Were they asked at trial?

I do not know that answer since I did not see it covered in any of the articles I have so far read on this trial.

If those questions were answered at trial the jury must have weighed them in their verdict and felt they were adequate?

[Nik Notorious]

His sons name is Bear. That alone makes me question his parenting skills.

[sisyphus]

This happened in Idaho, where it gets cold in the winter.
Even those of us who live in the tropics of northern Illinois, know that.

[mysticbeauty_nbeast]

I remember this story. Very sad indeed.

I wonder what made the jury decide that he was not responsible? Maybe his attorney convinced them it was the children's idea to walk the other 10 miles?

Good and fair point...and if that were the case....were the children old enough to even legally make that choice for themselves? Wouldn't the parent be ultimately legally responsible in this case of under age children walking 10 miles to their Mother's home in even good weather? :think:

One would hope keeping his children safe and as warm as possible in the car while he dug said car out of snow bank would be paramount...not allowing them to make some choice that would/could and did end in their demise. I don't understand the thinking of the jury in the case...but then, I don't have an article that breaks down all the in's and out's of the trail. Can't imagine what if anything could be used to get dad off the hook for a safety/health issue though. :think:


sad story none the less....

~Mysty

[LouC]

Public defender Patrick McMillen described how Aragon spent between two to three hours digging his car out of the snow after it got stuck, while the children sat in the back seat.

It was the boy, Bear, who decided to start walking, McMillen said, and Aragon was likely suffering from hypothermia, which causes confusion and poor judgment.

McMillen detailed how the children were bounding with energy when they left the car and stopped to make snow angels along the road.

"There's a difference between a tragedy and a felony," McMillen told jurors.

"There is no one in this courtroom who feels worse about Sage's death than that man," he said pointing at Aragon, who kept his head down through most of the proceedings.

Click LINK (http://www.wlbt.com/Global/story.asp?S=11288171)

More info, but it still doesn't answer the questions of why the jury decided not guilty, and they all declined to comment at the end of the trial.

[Nik Notorious]

More info, but it still doesn't answer the questions of why the jury decided not guilty, and they all declined to comment at the end of the trial.


If I had to guess, it's because "he's suffered enough". That's the go to line when someone lets their kids die a totally preventable death that they by all rights should be punished for.

[USMCmom]

What was this 'derf' doing while these kids were wandering?
I mean, how long does it really take to dig out a car?

Obviously you have never been stuck in the snow! Here a few years ago a friend of ours got stuck going out to my mom and dad's house. 8 weeks later it took two snow plows to pull him out. This is the same winter that my mom and brother spent 6 weeks trapped in the house...they depended on neighbors to bring food and water in on sleds. The National Guard had to be brought in to clear the roads and there were several cars that were found under the drifts. You would be surprised as how easily you can get stuck.

Being cold can cause anyone to make rash decisions. I live 40 miles from where it happened...I believe that it is a tragic accident and that the jury was correct in how they decided. Accidents do happen and parents aren't perfect.

[USMCmom]

His sons name is Bear. That alone makes me question his parenting skills.

Would you question the parenting skills of those who named their kids Ted, Jeffrey, David, John or Gary? :think:

[LouC]

If I had to guess, it's because "he's suffered enough". That's the go to line when someone lets their kids die a totally preventable death that they by all rights should be punished for.

Yeah I said the same thing in a previous post.

In fact I said I would wager a large sum that the jury felt losing his daughter was punishment enough.

[sisyphus]

Obviously you have never been stuck in the snow! Here a few years ago a friend of ours got stuck going out to my mom and dad's house. 8 weeks later it took two snow plows to pull him out. This is the same winter that my mom and brother spent 6 weeks trapped in the house...they depended on neighbors to bring food and water in on sleds. The National Guard had to be brought in to clear the roads and there were several cars that were found under the drifts. You would be surprised as how easily you can get stuck.

Being cold can cause anyone to make rash decisions. I live 40 miles from where it happened...I believe that it is a tragic accident and that the jury was correct in how they decided. Accidents do happen and parents aren't perfect.

It must get a lot deeper up there than when I was in school (WU). The deepest we get around here is up to 90 inches...
Getting stuck in snow is not difficult, I've done it too, by getting careless.
Unfortunately people make bad choices, and others can be hurt.

[SFC(R)L]

a tragic accident

[USMCmom]

If I had to guess, it's because "he's suffered enough". That's the go to line when someone lets their kids die a totally preventable death that they by all rights should be punished for.

What about the parents who buy their kids a car and they die in an auto accident? What about the parents who take their kids skiing and they hit a tree and die? What about the parents who let their kids go swimming and they drown? Accidents happen, it is far easier to sit in judgement of another without having all the facts.

[LouC]

Would you question the parenting skills of those who named their kids Ted, Jeffrey, David, John or Gary? :think:

I was going to address that but forgot about it when I got distracted.

His daughters name was Sage, Sage Aragon, that is not a bad name in my mind and neither is Bear Aragon especially since I do believe the father Robert Aragon is Native American.

Edit: The mother also does appear to be Native American as well.

[LouC]

The most damning thing to me is that when he got his car out he went back home and did not contact the children's mother to confirm that they had arrived.

[chip]

I remember this story. Very sad indeed.

I wonder what made the jury decide that he was not responsible? Maybe his attorney convinced them it was the children's idea to walk the other 10 miles?


"But Aragon's lawyer, Patrick McMillen, covered some bases during final arguments Friday that lifted the father and grandfather from the possibility of serving 25 years in prison. McMillen pitched analogies to jurors to show how Aragon was not criminally negligent for letting his children go on the fatal walk.
He argued that there are common actions parents take with their children, which he said contradict Idaho's felony injury to a child statute. Throwing a baby into the air and catching the child is just one example McMillen cited.
"When you think about it, you're guilty of this statute," he told jurors of the injury to a child law.
"I never rode in a car seat," McMillen said. "I didn't think my mom was ever guilty of this statute for not putting me in a car seat."
McMillen cited gymnastics, trampolines, pit-bulls, guns, and fast food as all potentially dangerous things that parents expose their kids to.
"You can understand how we all put our kids at risk," McMillen argued.
Aragon told authorities that he didn't know the weather would worsen when he let his kids begin a trek that started with snow angels. He never took the witness stand during his trial.
Mistakes happen, McMillen said. "There's a difference between a tragedy and a felony."

[USMCmom]

It must get a lot deeper up there than when I was in school (WU). The deepest we get around here is up to 90 inches...
Getting stuck in snow is not difficult, I've done it too, by getting careless.
Unfortunately people make bad choices, and others can be hurt.

I have seen people get stuck with an inch of snow on the ground, we have seen horrific accidents on the freeway when people who have never driven on bad roads go out of control. But I have also seen people get stuck even while being careful. If you lived in that kind of weather than you know that if you didn't show up by a specific time someone would come looking for you. That is what has bothered me, the mom knew they were on their way...why didn't she go looking for them when they didn't show up? I wonder how long they would have been there before help arrived?

[Nik Notorious]

Would you question the parenting skills of those who named their kids Ted, Jeffrey, David, John or Gary? :think:


:rolleyes: Bear is a stupid name for a kid. Maybe I'm not question the guys parenting skills, but I sure as hell am questioning his common sense.

What about the parents who buy their kids a car and they die in an auto accident? What about the parents who take their kids skiing and they hit a tree and die? What about the parents who let their kids go swimming and they drown? Accidents happen, it is far easier to sit in judgement of another without having all the facts.


All the things you mentions are, in fact, actually honest to god accidents. When a parent lets a kid cook inside a hot car while they run in to the store "real quick", that's not an accident. When a parent lets a kid get out of the car in a blizzard and try to walk ten miles, that's not an accident. It's negligence, and it's criminal.

[USMCmom]

I was going to address that but forgot about it when I got distracted.

His daughters name was Sage, Sage Aragon, that is not a bad name in my mind and neither is Bear Aragon especially since I do believe the father Robert Aragon is Native American.

The names I listed were serial killers...it just seemed kind of petty to insinuate that Aragon was not very smart because his child is named Bear. It makes me sick to think of how easily this could of turned out different. In all honesty I would never of left my kids...

[USMCmom]

:rolleyes: Bear is a stupid name for a kid. Maybe I'm not question the guys parenting skills, but I sure as hell am questioning his common sense.




All the things you mentions are, in fact, actually honest to god accidents. When a parent lets a kid cook inside a hot car while they run in to the store "real quick", that's not an accident. When a parent lets a kid get out of the car in a blizzard and try to walk ten miles, that's not an accident. It's negligence, and it's criminal.

He is Native American, that would explain the childs name. Has nothing to do with common sense. If that was the case the majority of parents would be idiots with some of the names they think up.

It was an accident, he didn't send them out in a blizzard...the weather was clear when they left. We have all made mistakes...sometimes we put ourselves in danger, sometimes we put our children in danger and sometimes we put others in danger. That does not mean that we delibrately set out to hurt anyone. He made an error in judgement...that can happen to anyone.That is how accidents happen.

I wasn't there, I don't know what he was thinking...I can only guess.

[LouC]

The names I listed were serial killers...it just seemed kind of petty to insinuate that Aragon was not very smart because his child is named Bear. It makes me sick to think of how easily this could of turned out different. In all honesty I would never of left my kids...

I recognized the serial killer names.

It was petty to make the leap that was made about the name.

No I would not have let my kids head out like that either.

[LouC]

He is Native American, that would explain the childs name. Has nothing to do with common sense. If that was the case the majority of parents would be idiots with some of the names they think up.

It was an accident, he didn't send them out in a blizzard...the weather was clear when they left. We have all made mistakes...sometimes we put ourselves in danger, sometimes we put our children in danger and sometimes we put others in danger. That does not mean that we delibrately set out to hurt anyone. He made an error in judgement...that can happen to anyone.That is how accidents happen.

I wasn't there, I don't know what he was thinking...I can only guess.

The mother is Native American as well.

[FidelisAdMortem]

I dont know, I dont believe the analogy of throwing your kid in the air and catching them, is comparable to letting your children go ahead and walk for miles in a snowstorm unattended. I just dont see how thats comparable. Obviously the jury disagrees with me.

[Nik Notorious]

He is Native American, that would explain the childs name. Has nothing to do with common sense. If that was the case the majority of parents would be idiots with some of the names they think up.

It was an accident, he didn't send them out in a blizzard...the weather was clear when they left. We have all made mistakes...sometimes we put ourselves in danger, sometimes we put our children in danger and sometimes we put others in danger. That does not mean that we delibrately set out to hurt anyone. He made an error in judgement...that can happen to anyone.That is how accidents happen.

I wasn't there, I don't know what he was thinking...I can only guess.


He accidentally let the kids get out of the car? Accidentally let them begin walking in the snow? He made an error in judgment alright, and it cost him a daughter. It should cost him some freedom as well. I don't care what his "intentions" were, I care about what the results were.

Call this whatever you want, but don't sit back and say this was an accident.

[USMCmom]

I recognized the serial killer names.

It was petty to make the leap that was made about the name.

No I would not have let my kids head out like that either.

I am just so very sorry for her brother...he will live with this for the rest of his life. He is in counseling now and Lord only knows if he can get over this.

[USMCmom]

He accidentally let the kids get out of the car? Accidentally let them begin walking in the snow? He made an error in judgment alright, and it cost him a daughter. It should cost him some freedom as well. I don't care what his "intentions" were, I care about what the results were.

Call this whatever you want, but don't sit back and say this was an accident.


It was an accident. A very tragic and preventable accident...as most accidents are.

[Nik Notorious]

It was an accident. A very tragic and preventable accident...as most accidents are.


You just couldn't be more wrong. You really couldn't. It was negligence, and a little girl is dead because of it. You can feel sorry for the Dad all you want, I'm not going to waste my time. He should have been convicted and thrown in jail.

[USMCmom]

You just couldn't be more wrong. You really couldn't. It was negligence, and a little girl is dead because of it. You can feel sorry for the Dad all you want, I'm not going to waste my time. He should have been convicted and thrown in jail.

My sympathy is for the son...

[Nik Notorious]

My sympathy is for the son...


Well hell, at least we agree on something.

[USMCmom]

Well hell, at least we agree on something.

Yes we do!

[chip]

I dont know, I dont believe the analogy of throwing your kid in the air and catching them, is comparable to letting your children go ahead and walk for miles in a snowstorm unattended. I just dont see how thats comparable. Obviously the jury disagrees with me.

The point hes making is that if you were playing with your child in that manner and they were to be injured or killed you would also be in violation of the felony injury to a child statute.

[JediMindTrick]

The most damning thing to me is that when he got his car out he went back home and did not contact the children's mother to confirm that they had arrived.

Exactly. It took mom calling to find out where the kids were to get this guy up off the couch at home and start worrying about them. He'd been home for hours and never even once considered if anything bad could have happened to his kids.

[chip]

He accidentally let the kids get out of the car? Accidentally let them begin walking in the snow? He made an error in judgment alright, and it cost him a daughter. It should cost him some freedom as well. I don't care what his "intentions" were, I care about what the results were.

Call this whatever you want, but don't sit back and say this was an accident.

Hypothermia has some nasty side effects like mental confusion and impaired judgment.

[Nik Notorious]

Hypothermia has some nasty side effects like mental confusion and impaired judgment.


I wasn't aware the Dad was suffering from Hypothermia when he let the kids go. If that's true, maybe I'll back off him a little bit. Not much, but a little.

[chip]

I wasn't aware the Dad was suffering from Hypothermia when he let the kids go. If that's true, maybe I'll back off him a little bit. Not much, but a little.

It was part of the defense presented.

[Nik Notorious]

It was part of the defense presented.


I probably missed that in the article. Of course, being part of the defense doesn't automatically mean it's true.

I'm always going to hate the argument of parents "suffering enough" when a kid dies from negligence, but if (and I'm still not convinced) this really was an accident I suppose maybe the dad shouldn't have gone to jail.