Prosecutors await reports in death of infant

AMERICAN FORK — Prosecutors are still waiting for medical reports before they can have a preliminary hearing for a man charged with aggravated murder in the death of his 4-month-old girl.

Victor Gardea, 22, was in 4th District Court Tuesday where his attorney asked for another continuance.

"There's still some initial discovery we don't have," said defense attorney Dusty Kawai.

"They don't have it because we don't have it yet," said Utah County Attorney Jeff Buhman, who said officials are waiting on reports, including the medical examiner's report, that simply take a long time.

Judge David Mortensen set the hearing for Nov. 18 at 8:30 a.m.

Gardea was arrested Sept. 8 after he called police to report that his baby had stopped breathing, according to a police affidavit filed in 4th District Court.

He told police that after he woke up from a nap, the child was turning blue.

The child was taken to Utah Valley Regional Medical Center, then flown to Primary Children's Medical Center where she died a few hours later.

Doctors found evidence of severe brain trauma, broken ribs and internal organ damage, consistent with that of abuse, according to the affidavit.

The charge of aggravated murder carries the potential of the death penalty, although prosecutors don't have to decide if they want to request that until after 60 days after the preliminary hearing.

Gardea's case is one of three aggravated murder cases filed this year in 4th District Court.

— Sara Israelsen-Hartley