SALT LAKE CITY — The man accused of forcing his young children on a dangerous hike in Big Cottonwood Canyon, leading to one child almost dying, asked for, and was refused, early release from jail while he awaits trial.
Micah Smith appeared remotely in Third District Court on Tuesday morning, where Commissioner Todd Olsen, acting as judge, issued a protective order prohibiting the father from having any contact with his children.
After Smith acknowledged that he understood the order, he asked Olsen if he would consider issuing bail so that he could be released from jail. When Olsen asked the prosecutor for his thoughts on a prerelease, the prosecutor replied, "That's a hard no, your honor!"
The prosecutor added that there is a "significant safety risk" in releasing Smith from jail while awaiting trial and that the no-bail warrant was "absolutely appropriate." Olsen agreed, saying Smith would be a danger if he were released.
"That's not a permanent decision, Mr. Smith, it's a temporary one, and it can be reviewed as soon as your next hearing," Olsen added.
Utah father who went missing with 3 children on hike charged with child torture, abuse:
Smith then asked Olsen if there was anything he could do to "help show that I am not a danger or threat?" Olsen answered that that would be an excellent discussion to have with his court-appointed attorney.
Smith's next court appearance is scheduled for Monday.
Smith is facing multiple child torture and aggravated child abuse charges after he allegedly forced his children, ages 2, 4, and 8, to go on the difficult Broads Fork Trail hike in October. The group was reported missing after they failed to return on the day they left, and were not located by a search and rescue team until the next morning.
During the hike, Smith's daughter constantly questioned her father about the safety of the hike, which forced the group to climb rocks and grab bushes to hold on to as a storm moved into the area.
Search and rescue team members noted that Smith was "behaving oddly and did not appear to be concerned about the children" when the family was found, and that he told the team that "one of his children was dead." Rescuers were at first unable to find a pulse on Smith's 4-year-old son, leading him to be rushed to the hospital, where he later suffered a stroke.
During the lengthy hike, Smith instructed his 8-year-old daughter on how to perform CPR on her younger brother while he went down the mountain by himself.
Last month, with his son still at Primary Children's Hospital, Smith was accused of trespassing and interfering with his son's medical care, and tampering with equipment. Following the hospital incident, Smith was arrested for domestic violence for a separate occurrence.
