TREMONTON, Utah — The Box Elder County Attorney's Office has declined to charge a Tremonton couple who allegedly caused the death of their 11-year-old child.
They confirm the decision was "based on a lack of sufficient evidence to prove those charges beyond a reasonable doubt." The case will be referred to the Tremonton Justice Court prosecutor to review the case for lesser charges, if applicable.
In their announcement, the reasons were as follows:
- In-home video and the 91 audio do not substantiate child homicide or child torture.
- The ligature marks on the child's neck were consistent with the coaxial cable and the manner of death reported by the family
- No evidence showed a motive, signs of a struggle, or physical altercation
- Forensic interviews conducted with the Merrell children did not implicate the parents.
- The prosecution's case was impeded by an assisting law enforcement agency's loss of the original memory cards containing video footage from inside the home.
Previously, the law enforcement agency, Tremonton-Garland Police Department, had put the blame on the Box Elder Attorney's Office for the release of Brigham and Melinda Merrell, as they allegedly failed to file formal charges within the 72-hour window of the arrest. Box Elder County Attorney's Office responded by stating that the police department made a "warrantless arrest based on the probable cause affidavit. Prosecutors were required to file charges by the fourth day after the arrest or the Utah Rules of Criminal Procedure required them to be released from custody."
Police blaming Box Elder County Attorney for release of parents accused of killing 11-year-old:
Brigham Young Merrell, 35, and Melinda Merrell, 36, were arrested on May 6 by police in connection to the death of their 11-year-old child.
According to the Tremonton Garland Police Department, the investigation began on September 21, 2025, when officers were called to a home for an unresponsive child. Despite life-saving efforts by first responders, the child died at a local hospital.
At the time of his child's death, Brigham Merrell told investigators that he had found the child hanging by a coaxial cable. However, detectives later determined that the hanging wasn't possible.
Due to an insufficiency of evidence, including a pending Medical Examiner's Report which at the time had not yet been completed, the Merrells were released from custody.
