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A defense attorney for a 19-year-old Montezuma Creek man indicted in U.S. District Court for allegedly assaulting his 4-month-old son said the child was accidentally injured, and the charges against his client aren't telling the whole story.
Warren Joseph Montes faces up to 10 years in prison and a fine of $250,000 if convicted on one count of assault with intent to murder. He was indicted last week for assaulting his baby on southern Utah's Navajo Nation Dec. 13.
Montes' attorney, Walter Bugden, said Tuesday that Montes feels horrible that his child was injured, but declined to speak about the circumstances leading up to the boy's hospitalization at Primary Children's Medical Center in Salt Lake City.
The child suffered a fractured right femur, Bugden said. He said Montes didn't intend to hurt the child. Supporters of Montes, including his fiancée's parents, attended a detention hearing before Judge Samuel Alba on Tuesday.
Alba ordered Montes to be released as the case proceeds. He may interact with his children; he has a 2-year-old daughter in addition to the 4-month-old who was injured.
Bugden said after Tuesday's hearing that Montes' fiancée supports him and doesn't believe Montes intentionally injured their son.
"From all reports, my client is a very loving father," Bugden said. He said the child is healing quickly from his injuries because of the rapid pace babies produce calcium and vitamin D.
"Generally speaking, babies are able to heal pretty well."
He said Montes has no criminal record, except a juvenile charge of fishing without a license.
Montes has pleaded not guilty to the charge. His trial is tentatively set for April 18.
The U.S. Attorney's Office has not commented on the case outside of the indictment, which alleges Montes purposefully hurt his son. mrogers@sltrib.com