- Micah Smith was ordered to remain jailed in Salt Lake County on Tuesday.
- Smith's release was denied due to safety risks; a protective order was issued.
- Smith's first hearing is scheduled for Dec. 8 before Judge Elizabeth Hruby-Mills.
SALT LAKE CITY – A Utah father charged with torturing and abusing his children while on a hike in Big Cottonwood Canyon will not be released from jail for now.
Micah Smith, 31, of South Jordan appeared virtually in 3rd District Court Tuesday morning where a protective order was issued, preventing him from contacting his children in any way.
Smith asked Commissioner Todd Olsen if he could be released from jail, but prosecutor Clifford Ross said that was a "hard no," arguing the defendant posed a "significant safety risk." Olsen agreed.
"There is substantial evidence to support the charges in this case, Mr. Smith, and I do find by a clear and convincing standard that you would be a danger to the alleged victims if you were released today," Olsen said.
The commissioner added that things could change, but Smith will remain behind bars at least until his detention hearing Dec. 8 in front of Judge Elizabeth Hruby-Mills.
"Is there anything that I could do to help show that I'm not a danger or threat?" Smith asked.
"That's an excellent discussion for you to have with your lawyer," Olsen responded. "At this stage of the proceedings, there's not anything further for us to decide. I've made my decisions in the case today."
According to prosecutors, Smith took his children — ages 2, 4, and 8 — on a hike Oct. 11 in Big Cottonwood Canyon. As the weather got worse, Smith forced his children to keep going over treacherous terrain — even as his wife told him to bring them home — according to court documents.
"As the conditions changed — as they were afraid — he continued in a depraved manner to put them at that risk as those conditions changed," said Salt Lake County District Attorney Sim Gill last week.
The family spent the night in the snowy mountains. When searchers found them, prosecutors said Smith was "behaving oddly and did not appear to be concerned about the children."
All three kids went to the hospital. The 4-year-old in particular was "mostly exposed, unconscious and 'appeared lifeless,'" according to charging documents, and he had no pulse. Investigators said his body temperature was 62 degrees when he was found.
Beyond this incident, prosecutors said Smith's behavior is "spiraling" as he was arrested and charged with assault in a separate domestic violence case last month. He was also trespassed from Primary Children's Hospital for interfering with one of his children's medical care, prosecutors said.
