- Robert McIntosh, 46, charged with aggravated child abuse for allegedly zip-tying daughter.
- The Salt Lake County District Attorney's Office declines to charge Alysia McIntosh due to insufficient evidence.
- The girl was also allegedly forced to sleep in a cold garage as a 'homelessness lesson,' but parents not charged for that.
TAYLORSVILLE — A man arrested last week for allegedly making his 11-year-old daughter sleep in the garage to experience being homeless has now been charged with zip-tying the young girl.
Robert James McIntosh, 46, of Taylorsville, was charged Monday in 3rd District Court with two counts of aggravated child abuse, a third-degree felony. Both he and his wife, Alysia Lynae McIntosh, 46, were arrested Friday by Taylorsville police for investigation of aggravated child abuse.
However, the Salt Lake County District Attorney's Office has now determined there isn't enough evidence to charge Alysia McIntosh for the child abuse she was suspected of committing. And neither parent will face charges for allegedly making their daughter sleep in the garage.
"Based on the evidence articulated in the submitted report, there is insufficient evidence to assign criminal responsibility to the suspect at this time. Should additional information become available, the matter can be revisited. We would be happy to revisit this matter if additional information is developed which supports the prosecution of the suspect," according to a letter by the DA's Office declining charges against her.
Charging documents filed Monday against Robert McIntosh state that the young girl was scratching her face and causing it to bleed, "so McIntosh found zip ties and zip-tied her to (a) bed." She said McIntosh then removed the ladder from her bunkbed so she couldn't climb onto the bed, and she hung there, unable to touch the ground, for 10 to 15 minutes."
When questioned, McIntosh told police that he zip-tied his daughter one time for less than 10 minutes to stop her from scratching herself. Alysia McIntosh "stated she knew McIntosh zip-tied (their daughter) to her bed but said it was a 'moment of desperation' when he had been home alone with (her)," the charges state.
The girl "also recalled another time when McIntosh zip-tied her and described that he zip-tied her hands behind her back and had her sit on the floor. McIntosh told (the girl) not to move, 'or they would get tighter,'" and that the zip ties were so tight that "she had red lines from the zip-ties and had to put Band-Aids on them," according to the charges. Robert McIntosh denied zip-tying his daughter's hands behind her back.
When the McIntoshes were arrested on Friday, a police booking affidavit accused them of locking their daughter out of the house and making her sleep in the garage, and did not mention zip-ties.
The Salt Lake County District Attorney's Office says it reviewed the entire case, including both the alleged zip-ties and allegations of sleeping in the garage, and filed what they believe are the appropriate charges. They do not expect any additional charges to be filed in connection with this incident.
"We gathered additional information following the arrests. Our senior prosecutors then reviewed all available information regarding the case. We filed the charges that they believed had a reasonable chance of success at trial, as is our ethical obligation," Salt Lake County District Attorney Sim Gill told KSL.
Police wrote in their booking affidavits that, "officers responded to the garage, where they observed (the girl) crawling out from under a truck bed cover. They also observed that (her) blanket was very, very, very thin, which was described as the thickness of a credit card, and she was using a shop knee pad as a pillow ... Officers noted that it was dark and very cold outside and (the girl) was not dressed for the temperatures."
The girl told police that she was not allowed inside the house to use the bathroom and that her parents "threatened to call the police if (she) went inside the residence. She described that she didn't have a coat and was freezing," according to the affidavit.
The girl's mother "denied that (her daughter) was being punished or reprimanded, and stated that they were teaching (her) how to be homeless" after the girl threatened to run away, the affidavit says. "Alysia McIntosh said that (the girl) kept pushing, so she sent her to the garage and told (her) that the floor is cement, so it's like the sidewalk and the trust is bumpy like the sidewalk, and that she needed to go outside to understand how cold it's going to be and how scary it is."
Police also noted that Alysia McIntosh is "a teacher at an elementary school." She is listed as a kindergarten teacher in the Murray School District.
Child abuse resources:
- Utah Domestic Violence Coalition operates a confidential statewide, 24-hour domestic abuse hotline at 1-800-897-LINK (5465). Resources are also available online: udvc.org. The statewide child abuse and neglect hotline is 1-855-323-DCFS (3237).
- The Utah Division of Child and Family Services offers counseling, teaches parenting skills and conflict resolution and can connect families with community resources. Its goal is to keep children with their family when it is "possible and safe." Visit dcfs.utah.gov/contact-us/ or call 801-538-4100.
- The Christmas Box House acts as a temporary shelter for children and can provide them with new clothing and shoes, among other services. Call the Salt Lake office at 801-747-2201 or the Ogden office at 801-866-0350.
