[{7171072070) Judge Edwin Peterson - Affidavit 2010-000917.doox Paget FILED DISTRICT COURT 8" DISTRICT COURT STATE OF UTAH DCE Cou DUCHESNE COUNTY, DUCHESNE DEPARTMENT NOV 10 2010 STATE OF UTAH By. aa AFFIDAVIT OF PROBABLE CAUS! vs Robert James Butler CASE NO. 2010-000911 D-0-B. 3-7-85 ‘STATE OF UTAH ) COUNTY OF DUCHESNE ) | DANIEL F BRUSO DO HEREBY MAKE SOLEMN OATH AND DECLARE: 1, THAT | AM A CERTIFIED POLICE OFFICER EMPLOYED BY THE DUCHESNE COUNTY SHERIFF'S OFFICE. | HAVE BEEN EMPLOYED AS SUCH FOR 10 YEARS. 2. On 9-7-10 this affiant was dispatched to the Uintah Basin Medical Center Emergency Department in Roosevelt, Utah on a suspected child abuse incident. 3. This affiant spoke with the Emergency Room Physician, Doctor Tanner, who explained that male child victim Ill, DOB 3-5-2010, had been brought into the Emergency Room with bruising and swelling on the right side of his face. 4, Doctor Tanner explained to this affiant that IN had significant bruising and a subconjunctival hemorrhage on the right side of his face. X-rays showed a right parietal[(117102010) Judge Edwin Peterson - Affidavit 2070-0 skull fracture with a subdural hematoma and scalp swelling. 5. Law Enforcement Officers and Utah Department of Child and Family Services spoke with the mother of the child who had brought him to the Emergency Room. 6. The mother stated to those officers that on or about 9-5-10 at night she and her live in boyfriend, Robert James Butler, had put IN and her other child to bed for the night. She noticed nothing wrong with the IN. She and Robert then went to the neighbor's home next door for a little while. 7. The mother then stated that Robert had retumed home to make dinner. He then returned to the neighbor's home stating that something was wrong with Il. She found I with bruising and swelling to the right side of his face. 8. The mother stated that Robert thought it was I's three year old brother that had caused the injury to I. 9. This affiant and Child Protective Worker Andrew Purcell interviewed Robert. 10. Robert stated, to this affiant, that on 9-5-10 at approximately 2000hrs he and the mother put the two children to bed and went to the neighbor's home next door. 11. Robert stated, to this affiant, that he retumed to the home an hour or two later to make dinner. He found the older child standing in his bed and put him back to sleep. 12. Robert then started making dinner and then heard Ill fussing and went back to the room to give IJ a bottle and noticed the bruising on his face and went next door to get the children's mother. 13, Robert believes that it was Is older, three year old brother that must have caused the injuries.(1111072010) Judge Edwin Peterson - Affidavit 2070-00004". docx Page 3 14, Robert told this affiant that he a six or twelve pack of beer that night. 15. Robert has a history of violence when he drinks alcohol. 16. Doctor Shauna Cooper, with Primary Children’s Hospital, performed an examine on D.M. and stated in the report the following. 17. The deep impact mark which could be a bottle striking him very hard does not overlie the skull fracture. Other markings seem to be other areas of impact. The skull fracture would take significant force that could occur in a fall or being thrown down against the floor or against a wall. In Dr. Cooper's opinion it seems extremely unlikely that the three year old brother could have inflicted these injuries. 18. Dr. Cooper believes these are non-accidental injuries. 19. This affiant has probable cause to believe and does believe that Robert James Butler intentionally or knowingly has violated Utah Code 76-5-109.2A Child Abuse a second degree felony. i are AFFIANT OFFICER & THIS AFFIDAVIT WAS SWORN TO BEFORE ME BY AFFIANT ON THIS LL pay oF tholeoro(11/10/2010) Judge Edwin Peterson - Affidavit 2010-00091 1.docx Page 4 DISTRICT COURT JUDGE