A Utah father took his small children on a near-deadly hike because he was jealous after he and his wife agreed to an open marriage, prosecutors allege.
Finding that Micah Smith, 32, was a “substantial danger to the community,” a judge has ordered he will stay in jail while he faces child torture and abuse charges.
Smith took his three children on a strenuous hike in Big Cottonwood Canyon in October, and had to be saved by rescuers after a storm rolled in and the family spent a wet and frigid night in the mountains. His children — ages 2, 4, and 8 years old — were all hospitalized, along with Smith.
Weeks later, prosecutors charged Smith with three counts of aggravated child abuse and three counts of child torture, all first-degree felonies punishable by up to life in prison if he is convicted.
Smith has been in the Salt Lake County jail since late November. On Tuesday, prosecutors argued to 3rd District Judge Elizabeth Hruby-Mills that he should stay behind bars until trial. In a lengthy presentation, Deputy Salt Lake County Attorney Sarah Epperson argued that there’s evidence to show that “this was not an accident.”
“This was not even an unplanned hike,” she added.
Epperson alleged Smith left behind socks, bottled water, diapers and food in his truck parked at the trailhead when he took the small children on the strenuous Broads Fork Trail.
He ignored other hikers who urged them to turn around and who said the hike wasn’t safe for kids, Epperson said, adding that Smith sat and documented the storm clouds and worsening weather on his phone before pushing his children to the final summit.
In court, the prosecutor showed text messages that Smith exchanged that day with his wife, who had urged him to turn around.
Epperson alleged that Smith’s motive to push his children on the dangerous hike was jealousy, driven by his wife’s plan to spend time with a man she had started dating after they agreed to an open marriage.
Smith’s wife texted during the hike that just because she was seeing another person, that didn’t “mean you have to go to the highest mountain.”
“There are multiple times when Mr. Smith could have prepared better for this hike,” Epperson said, “turned around, put his children in a safer situation. But he chose not to.”
(Francisco Kjolseth | The Salt Lake Tribune) Prosecuting attorney Sarah Epperson speaks as Micah Smith appears for a court hearing in Third District Court in Salt Lake City on Tuesday Jan. 6, 2026. Smith is facing child torture and abuse charges after he took his three small children on a long, strenuous hike during a winter storm in Big Cottonwood Canyon.
Smith’s family was forced to seek shelter that evening during a barrage of snow, rain and hail. Search and rescue crews found them the next morning; two children were in critical condition. Smith’s 4-year-old son is expected to experience a lasting cognitive impact, Epperson said during Tuesday’s hearing.
Since the hike, Epperson said, Smith has shown behavior that prosecutors believe endangers his family. He’s been charged with domestic violence after he allegedly threatened his wife with a hatchet after they fought about their open marriage, she said.
The prosecutor also alleged that Smith was asked to leave Primary Children’s Hospital for trespassing after he repeatedly fiddled with a tube that had been placed in his son’s head. He did so, she alleged, even after hospital workers told him several times that the tube needed to be undisturbed at the risk of causing brain damage or death.
Defense attorney Kayla Mahoney had asked Hruby-Mills to allow Smith to be released with an ankle monitor, saying he would live with a family member in Salt Lake County. Mahoney argued that it will be a challenge for prosecutors to prove that Smith had the mindset to intentionally harm and torture his children.
“It is poor judgment,” she said. “This was poor decision-making. But that does not rise to the level of intentionally and knowingly intending to cause this outcome.”
(Francisco Kjolseth | The Salt Lake Tribune) Micah Smith’s defense attorney Kayla Mahoney appears for a court hearing in Third District Court in Salt Lake City on Tuesday Jan. 6, 2026. Smith is facing child torture and abuse charges after he took his three small children on a long, strenuous hike during a winter storm in Big Cottonwood Canyon.
Mahoney emphasized that she was not asking Hruby-Mills to lift a protective order limiting contact between Smith and his family, only that he not be in jail. She added: “He adores his children. And he loves being a dad.”
Hruby-Mills was not swayed by Mahoney’s argument. She found that Smith was a safety risk, and said there were no lesser conditions she could put in place that would ensure the community is safe.
Smith is expected to be in court again on March 20 for a preliminary hearing.