Mom gets prison for killing toddler

By Jamie Belnap - TranscriptBulletin.com

October 14, 2008

Hogan: “There is no one more defenseless than this child was.”

A Tooele mom who admitted to killing her 14-month-old child was sentenced in 3rd District Court Friday to one to 15 years in the Utah State Prison.

Kimberly Emelyantsev, 34, made a 911 call on March 6 to report that her son Nikolai — a child with Down syndrome who she had recently adopted from Russia — was experiencing breathing problems. Tooele City police officers who responded to the scene noted discoloration and bruising to the child’s face. The child was taken to Mountain West Medical Center and then transported to Primary Children’s Medical Center, where he later died.

Emelyantsev originally told police the child had fallen off a chair in the family’s living room when she had left the room for a few minutes to change another child’s diaper. She was arrested March 10 after physicians at Primary Children’s Medical Center advised police that Nikolai had sustained injuries that were a result of blunt-force trauma to the head and could not have been caused by a fall as described by Emelyantsev.

Emelyantsev was originally charged with first-degree murder, but pled guilty on June 20 to a lesser charge of second-degree felony child abuse homicide as part of a plea deal.

At that plea hearing, Emelyantsev told Judge Mark Kouris that she had dropped Nikolai twice — once on a bag of diapers and again on a hard-surface floor.

However, during a 60-day psychological evaluation completed prior to sentencing, another version of the story emerged. Emelyantsev told interviewers that she had kicked the child twice, sliding him across the floor, according to Tooele County Attorney Doug Hogan. Later that day, when frustration with the needs of her other children boiled over, Emelyantsev picked up Nikolai and “slammed” him onto the hard-surface floor twice.

“The version that came out during the diagnostic is far more chilling,” Hogan said, adding that it also fits better with the injuries sustained.

Hogan said Emelyantsev and her husband Fyodor are both relinquishing their parental rights to their four remaining children — a 10-year-old Down syndrome daughter from Kimberly’s previous marriage, their two biological children, ages 5 and 2, and a 4-year-old Down syndrome son they adopted from Russia last Christmas. The children are currently being cared for by family members.

Defense attorney Jon Williams said Emelyantsev blames what happened on the circumstances at the time and a husband “who would not participate in an extraordinary familial situation.”

“This case has been tragic,” Hogan said. “Much of this could have been avoided if there had been more communication between husband and wife.”

Hogan asked the court to follow the recommendations made in the diagnostic report and send Emelyantsev to prison.

“There is no one more defenseless than this child was,” Hogan said, adding that the possibilities for rehabilitation were greater at the prison.

Emelyantsev, through moments of sobbing, told Judge Mark Kouris she was sorry.

“What I did caused the death of my son,” Emelyantsev said. “I will never get over that, ever. I’m ashamed. I would just like you to know, sir, that I am truly sorry. But sorry will never bring him back.”

Kouris said when applying sentences he looks at three things: community safety, rehabilitation and punishment.

He said while he could not imagine Emelyantsev committing such a crime again, he sentenced her to prison partly in light of the diagnostic report, which detailed a variety of emotional and psychological problems Emelyantsev was experiencing, including a major depressive disorder.

“I have to make sure you getting the help you need,” Kouris said.

He also wanted the punishment to fit the crime, he said.

“It’s one thing to walk away [from a difficult child] and another to do this,” Kouris said. “I understand you weren’t in the right frame of mind, but it caused the funeral of a little baby.”

Kouris then sentenced Emelyantsev to one to 15 years in prison, giving her credit for the 214 days she had already served and recommending that she attend all available treatment.

“As terrible as this is, there is going to be life on the other side of this,” Kouris said.

Mom who killed baby to undergo mental evaluation

By Jamie Belnap - TranscriptBulletin.com

August 12, 2008

A Tooele mom who admitted to killing her 14-month-old adopted child was ordered Friday to complete a 60-day psychological diagnostic before being sentenced in 3rd District Court.

Kimberly Emelyantsev, 34, made a 911 call on March 6 to report that her son Nikolai — a child with Down syndrome whom she had recently adopted from Russia — was experiencing breathing problems. Tooele City police officers who responded to the scene noted discoloration and bruising to the child’s face. The child was taken to Mountain West Medical Center and then transported to Primary Children’s Medical Center, where he later died.

Emelyantsev originally told police the child had fallen off a chair in the family’s living room when she had left the room for a few minutes to change another child’s diaper. She was arrested March 10 after physicians at Primary Children’s Medical Center advised police that Nikolai had sustained injuries that were a result of blunt-force trauma to the head, and could not have been caused by a fall as described by Emelyantsev.

Emelyantsev was originally charged with first-degree murder, but pled guilty on June 20 to a lesser charge of second-degree felony child abuse homicide as part of a plea deal.

Prior to her plea, Emelyantsev told Judge Mark Kouris that Nikolai hadn’t fallen, but instead that she had dropped him. Deputy County Attorney Gary Searle said Emelyantsev had dropped the child more than once and in a manner that wasn’t deemed an accident.

Additional child abuse charges against Emelyantsev and her husband, Fyodor, in connection with the suspected abuse of another of the couple’s children — a 4-year-old son with Down syndrome, also adopted from Russia — were dismissed due to insufficient evidence at the June hearing.

Kouris said he had been approached by a few family members wishing to speak on behalf of the deceased child at Emelyantsev’s sentencing, but said all requests must be submitted in writing to the Tooele County witness/victim coordinator, detailing what the individual will say at the hearing.

Tooele County Attorney Doug Hogan said diagnostics are important tools because they help determine whether they are capable of benefiting from treatment. Then based on the treatment recommended, a judge can determine where the best place is to receive that treatment.

“It’s an additional tool for the judge to get a sense on whether this person needs to be incarcerated or can be put in the county jail,” Hogan added.

Emelyantsev’s diagnostic will take place at the Utah State Prison. She could face one to 15 years in prison when she appears for sentencing on Oct. 10.

Tooele mom pleads guilty to child abuse homicide

By Jamie Belnap - TranscriptBulletin.com

June 20, 2008

A Tooele mom originally charged with the murder of her 14-month-old adopted son pled guilty today in 3rd District Court to amended charges of child abuse homicide — a second-degree felony.

Kimberly Emelyantsev, 33, made a 911 call on March 6 to report that her son Nikolai — a child with Down syndrome who she had recently adopted from Russia — was experiencing breathing problems. Tooele City police officers who responded to the scene noted discoloration and bruising to the child’s face. The child was taken to Mountain West Medical Center and then transported to Primary Children’s Medical Center, where he later died.

Emelyantsev originally told police the child had fallen off a chair in the family’s living room when she had left the room for a few minutes to change another child’s diaper. She was arrested March 10 after physicians at Primary Children’s Medical Center advised police that Nikolai had sustained injuries that were a result of blunt-force trauma to the head and could not have been caused by a fall as described by Emelyantsev.

Emelyantsev told Judge Mark Kouris that the child had not fallen, but rather she had dropped him, which ultimately caused his death.

Deputy County Attorney Gary Searle said the amended charges were part of a plea deal.

“In our plea negotiations with the defense, we found out that [the case] fit better under a reckless charge rather than intentional,” Searle said. “It wasn’t an accident, but the intent to kill the child wasn’t there either.”

Searle said more details as to what actually happened to Nikolai will come out at the upcoming sentencing hearing, but added the child was dropped more than once.

Additional child abuse charges against Emelyantsev and her husband, Fyodor, in connection with the suspected abuse of another of the couple’s children — a 4-year-old son with Down syndrome, also adopted from Russia — were dismissed after further review by the county attorney’s office.

“There wasn’t even a consensus among the medical community [about the alleged abuse],” Searle said. “There just weren’t the facts to move forward on it.”

Fyodor will be released from custody. Searle said it’s possible that the couple’s children — a 10-year-old daughter from Kimberly’s previous marriage, and two younger biological daughters, ages 5 and 2, and the 4-year-old adopted son — who were being watched by a maternal uncle in Dugway will be returned to the couple, though not immediately.

Kimberly will appear for sentencing on Aug. 8. She could face up to 15 years in prison.

Tooele woman is charged with murder in child's death

By Linda Thomson - DeseretNews.com

Marh 15, 2008

A Tooele woman has been charged in 3rd District Court with killing her 14-month-old adopted child and, both she and her husband also face criminal charges in the alleged starvation of another adopted 4-year-old.

Kimberly Emelyantsev, 33, faces one count of first-degree felony murder in the case of the baby, who was adopted in February and died March 7 in Primary Children's Medical Center. The parents at first said they thought the child might have fallen off a chair.

An autopsy showed the youngster died of a skull fracture caused by blunt force trauma to the head. There also were bruises on both cheeks, the head, ear, left leg and anal area, along with a tear on the child's lip. The medical examiner called the death a homicide.

The couple's three biological children were taken from the home and placed with relatives. Another recently adopted child, who is 4, had been hospitalized earlier for dehydration and malnourishment and a feeding tube had been inserted to help provide nutrients and fluids, according to court records.

However, when Tooele police arrived March 6 in response to a call about the 14-month-old having difficulty breathing, the condition of the 4-year-old had deteriorated to "extreme dehydration and malnourishment."

A doctor said there was no reason why the child's health should have declined to that state after the feeding tube had been placed "if the parents had been properly feeding and caring for the child," court documents say.

Kimberly Emelyantsev also has been charged in the case of the 4-year-old with second-degree felony child abuse/neglect.

Her husband, Fyodor Emelyantsev, 31, has been charged with one count of third-degree felony child abuse/neglect.

Tooele mom accused of killing adopted child

By Jamie Belnap - TranscriptBulletin.com

March 13, 2008

A Tooele mother suspected of killing her newly adopted child last Thursday made her first appearance in 3rd District Court Wednesday morning.

Kimberly K. Emelyantsev, 33, a stay-at-home mom, was arrested Monday on charges of felony murder in the death of her 14-month-old son.

The child, who had Down syndrome, died from a skull fracture that occurred while in Emelyantsev's care, according to a probable cause statement issued by the county attorney's office.

According to Lt. Paul Wimmer of the Tooele City Police Department, officers responded to a 911 call on Thursday, March 6, made by Emelyantsev stating that her child was having problems breathing. When officers arrived at the home, they found the child unresponsive and breathing shallowly. Officers also noticed bruising and discoloration to the child's face. The child was taken to Mountain West Medical Center, and then transported to Primary Children's Hospital, where he later died.

"It was the severity of the fracture that caused alarm and made it so suspicious," Wimmer said.

Kimberly's husband, Fyodor, a nurse, was also arrested Monday in connection with the malnourished condition of the couple's other adopted 4-year-old son. Wimmer said charges will be filed shortly in that case as well.

The couple recently adopted both children from Russia -- the 4-year-old who also has Down's syndrome, near Christmas last year, and 14-month-old less than a month ago, according to the probable cause statement.

The family has three other daughters that are currently in state custody.

Kimberly will make another appearance in court today for a bail hearing.