LOHRA L.

MILLER

District Attorney for Salt Lake County ROBERT PARRISH, Bar No. 2530 CRISTINA ORTEGO, Bar No. 9567 Deputy District Attorney

111 E. BROADWAY, SUITE 400 SALT LAKE CITY, UT 84111 Telephone: (801)363-7900

IN THE THIRD DISTRICT COURT, SALT LAKE DEPARTMENT

THE STATE OF UTAH Plaintiff,

ail: $1,000,007 Warrant/Release: IN JAIL

vs.

MARINA BELEN NAVARRO

INFORMATION

AKA: NONE

5093 West Silvertip Drive Kearns, UT 84118

OTN 34394031 '

SO# 337034

Defendant.

Case No.

CLINTON JOSEPH HART

AO# 10020921

The undersigned Chad Reyes - UNIFIED POLICE DEPARTMENT, Agency Case No. 10-55864, upon a written affidavit states on information and belief that the defendant, MARINA BELEN NAVARRO, committed the crime of:

COUNT 1

CRIMINAL HOMICIDE, AGGRAVATED MURDER, (2627) 76-5-202 UCA, first degree felony, as follows: That on or about June 13, 2010 at 5093 W. Silvertip Drive, in Salt Lake County, State of Utah the defendant intentionally or knowingly caused the death of another under either of the following circumstances: the homicide was committed incident to an act, scheme, course of conduct, or criminal episode during which the actor committed or attempted to commit child abuse as defined in Subsection 76-5-109(2)(a); and/or the victim was younger than 14 years of age.

INFORMATION DAO No. 10020920 Page 2

COUNT 2

CHILD ABUSE, (156) 76-5-109(2)(a) UCA, second degree felony, as follows: That on or about June 10,2010 through June 13,2010 at 5093 W. Silvertip Drive, in Salt Lake County, State of Utah the defendant did intentionally or knowingly inflict upon a child serious physical injury or, having the care or custody of such child, intentionally or knowingly caused or permitted another to inflict serious physical injury upon said child.

COUNT 3

CHILD ABUSE, (156) 76-5-109(2)(a) UCA, second degree felony, as follows: That on or about June 10,2010 through June 13,2010 at 5093 W. Silvertip Drive, in Salt Lake County, State of Utah the defendant did intentionally or knowingly inflict upon a child serious physical injury or, having the care or custody of such child, intentionally or knowingly caused or permitted another to inflict serious physical injury upon said child.

COUNT 4

CHILD ABUSE, (156) 76-5-109(2)(a) UCA, second degree felony, as follows: That on or about June 10,2010 through June 13,2010 at 5093 W. Silvertip Drive, in Salt Lake County, State of Utah the defendant did intentionally or knowingly inflict upon a child serious physical injury or, having the care or custody of such child, intentionally or knowingly caused or permitted another to inflict serious physical injury upon said child.

THIS INFORMATION IS BASED ON EVIDENCE OBTAINED FROM THE FOLLOWING WITNESSES:

Chad Reyes, Brent Adamson, Kristine Campbell, Peggy Faulkner, M.H., Matt Herbert, D.J., Dakota Jett, Asa Jett, Ed Leis, Jon Lopez, Danielle Mudrock, Paul Nielson, Nichole Nogales, Valentin Nogales, Christine Petty-Brown, Michael Smith, Cecelia Thorpe

AFFIDAVIT OF PROBABLE CAUSE:

Your Affiant bases this Information upon the following:

1. On June 13,2010 at 5093 West Silvertip Drive located in Salt Lake County, CLINT HART, left for work at approximately 8:30 a.m. leaving behind his two children, V.H., four years of age, and A.H., two years of age in the care of his live-in girlfriend, MARINA BELEN NAVARRO. Before leaving, HART noticed that V.H. was "fake sleeping" like she usually would do, he said goodbye to her, and V.H. responded with a goodbye. At approximately 11:19 a.m., HART received a text message from

(

INFORMATION DAO No. 10020920 Page 3

NAVARRO that V.H. had defecated in her pull-up. HART responded to NAVARRO and instructed her to "hose" V.H. down. At approximately 11 :30 a.m., HART received a phone call from NAVARRO informing him that V.H. had fallen down the stairs after her bath. NAVARRO stated that V.H. was lethargic and having a hard time breathing. HART left work to check on V.H. Upon arriving, HART found V.H. in the basement bedroom he shares and resides in with NAVARRO, V.H. and A.H. and saw V.H. on the floor unconscious. HART tried to verbally stimulate V.H. but she did not respond. HART observed that V.H.'s eyes were focused to the outside of her face on each side, opposite of cross-eyed. He then took V.H. to the upstairs bathroom and ran cold water over V.H.'s forehead. Apart from one gasp of air, V.H. remained unresponsive. HART'S sister, N.H., who resides on the main level of the residence, awoke and upon seeing V.H. instructed HART to take V.H. to the hospitaL HART and his brother-in-law, V.N., transported V.H. to Pioneer Valley Hospital where she was immediately transported via life-flight to Primary Children's Medical Center ("PCMC") due to her obvious critical condition.

2. The statement of Dr. Kristine Campbell, pediatrician with the Safe and Healthy Families Team at PCMC that V.H. was brought by life-flight to PCMC the afternoon of Sunday, June 13,2010 in extremely critical condition. Despite heroic efforts to save her life, including two separate abdominal surgeries and neurosurgery, V.H. passed away later that evening as a direct result of her multiple severe injuries; including massive trauma to V.H.'s head, massive swelling ofV.H.'s brain, and neurological dysfunction that was the result of inflicted trauma to the head of V.H., possibly the result of several different impacts to her head, and was itselflife-threatening. Based on the nature of the injury and the apparent progression of symptoms, this head injury was likely caused after the time HART stated he left for work and V.H. was "fine."

3. According to Dr. Campbell, V.H. had one of the worst series of intra-abdominal injuries that physicians at the Safe and Healthy Families Team at PCMC have ever seen. She was found to have bowel wall swelling; tearing or stripping of the vasculature of the colon; a rupture of the head of the duodenum at the juncture of the duodenum with the stomach; and a crushing injury to the head of her pancreas. All of these abdominal injuries were fresh at the time they were found and according to Dr. Campbell they were the result of multiple forceful blows or crushing forces applied to V.H.'s abdomen. Given the location of the organs affected, their protected position within the abdomen, and the nature of the injuries, the blows or forces applied must have been hard enough to push her abdominal contents up against the vertebrae in her back to result in this collection of injuries. After these injuries were inflicted, V.H. would have likely vomited, been in excruciating pain, would not have eaten normally and may have had involuntary loss of bowel controL A caregiver of the child would not have described her as "normal" or "fine" after the injuries were inflicted.

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4. Furthermore, according to Dr. Campbell, the combination of the fresh head injury and the multiple abdominal injuries, with the resulting shock and blood loss relating to both, were the proximate cause of the death ofV.H. Dr. Campbell confirmed that a fall down stairs could not have resulted in this combination of severe head injury and severe abdominal trauma. The only history offered by NAVARRO and HART to explain the acute injuries was such a fall down carpeted stairs.

5. An autopsy ofV.H. was conducted by Dr. Ed Leis, Assistant Chief Medical Examiner for the State of Utah on June 14,2010. Dr. Leis has expressed his preliminary opinion that based on the autopsy the clear manner of death for V. H. was homicide, injuries inflicted upon V. H. by some other person.

6. In addition to the acute injuries which were related to the cause of death for V.H., V.H. also had numerous other injuries of varying ages. V. H. had several circular bruises on her chest that HART claimed were caused when he poked her in the chest when he scolded her, tickled her, or when she "ran into my fingers". V.H. had hemorrhage in the white of her left eye that HART claimed was caused when her two year-old brother,

A.H., threw a toy car at her. V. H. also had a large laceration inside her lower lip where her teeth had been pushed into the skin. She had large bruises on the outside of her chin and associated "finger-type" bruises in a parallel pattern under the right side of her jaw. V.H. also had a laceration under the outside of her chin. HART told Dr. Campbell that the chin laceration was caused when V. H. had allegedly fallen off her bike at a park the Thursday prior to her hospitalization on June 13,2010. He further stated the chin bruises and internal lip laceration were caused when V. H. fell against a table while putting on her underwear. He thought about taking her for medical care for this injury, but did not. V. H. also had circular bruises on her forehead and the back of her head that HART claimed were from her falling while putting on her underwear. She had an abrasion on her nose, which he stated was caused when she climbed a brick wall. A bruise to the left side of her face was allegedly caused when her two year-old brother, A.H., hit her in the face with a toy guitar. V.H. had multiple bruises on her left flank and on her back, which appeared to have been caused from being hit repeatedly with some sort of object. HART claimed these were caused when V.H. fell in the bathtub, an explanation which Dr. Campbell rejected as the cause of these bruises. V.H. also had linear bruising to her legs, that HART claimed might have been caused when he grabbed her and spun her around by her legs. HART also claimed that V.H. had suffered previous head injuries and he had revived her before by running water on her head. According to Dr. Campbell, when considered as a whole collection of injuries, all the injuries found on V.H. on or after June 13,2010 were evidence of an ongoing pattern of inflicted trauma or child abuse, which culminated in the severe and ultimately fatal head and abdominal trauma inflicted on her shortly before her hospitalization on June 13,2010. Dr. Campbell expressed the opinion that none of HART'S explanations for the bruises or other injuries were adequate to explain the nature and severity of the injuries.

INFORMATION DAO No. 10020920 Page 5

7. The statement of HART to Detective Chad Reyes of the Unified Police Department on June 14,2010 that V.H. had not suffered from any recent injuries or illnesses, with the exception ofV.H. complaining of stomach pain and constipation approximately one week prior to her death. HART stated he gave NAVARRO permission to spank V.H. and A.H. because NAVARRO was the primary care taker for V.H. and A.H. while he was at work. HART claimed that due to V.H. 's "accidents," NAVARRO had recently started to apply cover-up make-up to V.H.'s face to hide her bruises so there would be no questions, especially when they took her out into public. He further claimed that he caused the bruises on V.H.' s chest when he scolded her by poking her in the chest with his fingers because NAVARRO told him that V.H. had punched her in the stomach and face at least two days before her death.

8. On June 13,2010, when V.H. was admitted to PCMC, law enforcement responded to 5093 West Silvertip Drive to speak with NA V ARRO regarding the events of that day that lead to V.H. being hospitalized. Upon arrival to the residence, NAVARRO could not be located. Hours later, after an extensive search, NAVARRO was located in West Valley in an auto-repair garage. Post-Miranda, NAVARRO stated she resided with HART, her boyfriend, and his two children, V.H. and A.H. She is the primary care taker for V.H. and A.H. because HART is employed full-time. She also confirmed she was approximately 5 months pregnant with HART'S child. According to NAVARRO, on June 13, 2010, she, HART, and V.H. all woke up at approximately 8:00 a.m. V.H. was "fake sleeping" but NAVARRO knew she was awake. HART left for work around 8:30 a.m. and NAVARRO, V.H. and A.H. all lay on the bed until approximately 9:00 a.m. at which time NAVARRO and V.R got up. NAVARRO took offV.H.'s pull up, put her in underwear, and set her in front of the television. V.H. then ate breakfast and at approximately 11 :00 a.m. NAVARRO noticed that V.H. had defecated in her underwear. V.H. initially denied this "as she always did" but then admitted she had pooped her underwear. NAVARRO stated she became upset due V.H.'s frequent potty accidents but also became upset because this was the first time V.H. had ever defecated in her underwear. NAVARRO stated she called HART at work to inform him of the situation to ask him what he wanted her to do. HART told NAVARRO to take V.H. upstairs to the bathroom and "hose her off' which NA V ARO did. As NAVARRO was preparing to go upstairs with V.H., V.H. started to cry and continued to cry in the bathtub as she was being "hosed off." NAVARRO then wrapped V.H. in a towel. V.H. was in front of NAVARRO as they headed back downstairs. V.H. made it down approximately three or four of the carpeted steps of the approximate nine carpeted steps guiding herself down by touching the wall with her hands until NAVARRO saw V.H. fall down the stairs and land on her back, face up. NAVARRO stated she noticed that V.H. was lethargic and unresponsive. NAVARRO carried V.H down a second flight of stairs to their bedroom and set V.H. down on the floor in a seated position asking V.H. if she was alright. V.H. stated her stomach hurt so NAVARRO asked V.H. if she needed food, water, or if she

INFORMATION DAO No. 10020920 Page 6

needed to use the bathroom to which V.H. replied "No." V.H. eventually lost consciousness and toppled over striking the back of her head on the floor. NAVARRO then called HART and informed him ofV.H.'s fall and current condition. HART responded home and then took over the care of V.H.

9. NAVARRO stated that for at least four days prior to June 13,2010, V.H. did not suffer from any illnesses or accidents. However, on either Thursday, June 10,2010 or Friday, June 11,2010, V.H. complained of constipation and a stomach ache. NAVARRO also stated that in the late hours of June 10,2010 into the early morning hours of June 11, 2010, HART left to run errands leaving her alone with V.H. and A.H. As the three of them watched television, V.H. got a little careless and stepped on NAVARRO'S stomach causing her pain. NAVARRO called HART to inform him of what V.H. had done to her and put HART on speaker phone so he could scold V.H. NAVARRO did acknowledge that she yelled at V.H. but denied spanking her. NAVARRO further stated that on Friday, June 11,2010, V.H. had another potty accident and "as she always did," V.H. did not move from where she was so NAVARRO would not know she urinated her underpants. NAVARRO called HART at work to inform him of the accident and she was instructed by HART to make V.H. stand in the comer until he got home from work. NAVARRO estimated that V.H. was in the comer from 1 :00 p.m. to 6:30 p.m. when HART came home from work. During this time period, V.H. was crying, whining, and had urinated herself again. HART confirmed this incident to

Detective Reyes but stated that V.H. was only in the comer for one or two hours until he got home from work.

10. The statement ofD.J., who resides at 5093 West Silvertip Drive, that on Friday, June 11, 2010 she was in the basement doing laundry with her cousin, M.H. directly outside the bedroom where HART, NAVARRO, V.H. and A.H. reside. Suddenly both D.J. and M.H. heard screaming from the bedroom and then saw what they described as the bedroom door banging and bowing out as if something or someone was getting thrown up against it. As they witnessed this, both could hear V.H. crying extremely loud as if she was injured and NAVARRO screaming at V.H. for punching her in the stomach. Approximately two to three minutes later, both heard NAVARRO call HART and put him on speaker phone. Both D.J.and M.H. heard NAVARRO tell HART that V.H. had punched her in the stomach.

11. The statements of family members residing at 5093 West Silvertip Drive that they did not see V.H. very often because she was made to stay in the basement bedroom she shared with HART, NAVARRO, and her little brother A.H.

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12. The statement ofD.J. (2) that over the course of the past months, NAVARRO'S "mean behavior" had progressively gotten worse as her voice had become more violent and she became "more pushy" with V.H. and A.H.

Pursuant to Utah Code Annotated § 46-5-101 (2007) I declare under criminal penalty of the State of Utah that the foregoing is true and correct to the best of my belief and knowledge.

Executed on:

--------------------------

Chad Reyes Affiant

Authorized for presentment and filing

LOHRA L. MILLER, District Attorney

Deputy District Attorney 21st day of June, 2010

KH / WOW / DAO # 10020920