Wednesday, February 18, 2009

Jury trial set in hypothermia death

Judge disqualifies himself on defense attorney motion

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By TERRY SMITH
Express Staff Writer

Robert Aragon

A jury trial has been scheduled to start May 6 in Shoshone for a 55-year-old Jerome man charged in the Christmas Day hypothermia death of his 11-year-old daughter.

Robert Aragon was arraigned Tuesday in Lincoln County 5th District Court on felony charges of involuntary manslaughter and injury to a child. Aragon pleaded not guilty to both counts.

Aragon is accused of causing the death of Sage Aragon when their vehicle got stuck in a snowdrift and he allegedly allowed her and her 12-year-old brother, Bear Aragon, to attempt to walk some nine miles through frigid and windy conditions to visit their mother in the West Magic Reservoir area in southern Blaine County. Bear was found later that evening, cold but alive, in a roadside bathroom. Sage was found around 2 a.m. the following morning and later pronounced dead at St. Luke's Wood River Medical Center.

Judge John K. Butler disqualified himself from the case Tuesday on a motion filed earlier by Jerome attorney Patrick McMillen, who has been appointed public defender for Aragon. Under Idaho judiciary rules, defense attorneys or prosecutors are allowed to have one judge disqualified from a case without having to give a reason. A new judge has not been appointed.

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A pretrial conference was scheduled for April 28. Aragon remains free on $25,000 bond.

Terry Smith: tsmith@mtexpress.com