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A preliminary hearing has been delayed for a Layton man charged with first-degree felony aggravated murder in the death of his girlfriend's 2-year-old son.
Joshua Scott Schoenenberger, 34, is accused of fatally beating James "JJ" Sieger Jr. on May 9, after the man became frustrated over failed potty training.
Schoenenberger was due in court Thursday for a preliminary hearing — where prosecutors would present evidence and 2nd District Judge John Morris would decided whether there was probable cause for Schoenenberger to stand trial on charges — but the hearing was postponed until Jan. 7.
Defense attorneys wrote in court papers that they needed more time to prepare for the hearing — a request that prosecutors did not oppose. Defense attorney Ed Brass wrote that they needed the additional time to investigate the facts of the case and to consult a medical expert.
Charging documents say Schoenenberger admitted he intentionally stepped on the boy's stomach — but claimed he did not mean to hurt him — because the boy had angered him by "repeatedly urinating and defecating throughout the house."
Along with the aggravated murder charge — which could carry the death penalty — Schoenenberger is also charged with second-degree felony child abuse.
The defendant was charged with aggravated murder under "Shelby's Law," a 2007 statute that allows prosecutors to seek the death penalty if a child dies during an act of abuse, sexual assault or kidnapping — even if the defendant does not intend to kill the victim.
Prosecutors have until 60 days after the arraignment following the preliminary hearing to declare whether they will seek the death penalty for Schoenenberger.
The victim's mother and Schoenenberger's girlfriend, 23-year-old Jasmine Ruth Bridgeman, has been charged with second-degree felony obstruction of justice for allegedly lying to police who were investigating her son's death. She is due in court on Oct. 19 for a pretrial conference.
On May 9, the couple brought the unresponsive boy to the emergency room at Layton's Davis Hospital.
The boy's mother told doctors the child had been left unattended in a bathtub for approximately five minutes and was found face down in the water.
Doctors, however, found no sign of fluid in the boy's airway, charges state.
The boy was rushed to Primary Children's Hospital, where doctors determined that he had suffered "severe internal injuries" caused by "blunt force trauma" to his abdomen, charges state.
The boy died two days later.
At the time of the alleged crime, the couple had lived together for about four months, according to charges.