OGDEN — Two out of three family members charged in the death of a 12-year-old West Haven boy pleaded guilty in Ogden's 2nd District Court on Thursday.

Extended family and friends of the boy, Gavin Peterson, were notified that the pleas would be taking place during scheduled status conferences for Gavin's father, 47-year-old Shane Jesse Peterson, and the boy's brother Tyler Shane Peterson, 22.

Attendees and conversation filled the foyer, but the crowd grew silent after filing into the galley. Only the snapping of a computer keyboard could be heard before Shane Peterson was first led into the second-floor courtroom by bailiffs. He took small steps in shackles at the ankles, across the back and his wrist, wearing an orange Weber County Jail jumpsuit with gray, close-cropped hair, a goatee and a tattoo sleeve dotted with cartoon characters.

The man had agreed to a plea deal on amended charges of reckless child abuse homicide, a first-degree felony; three counts of aggravated child abuse, a second-degree felony; and endangerment of a child, a third-degree felony.

As part of the deal, state prosecutors agreed to not amend the child abuse homicide charge to murder or aggravated murder and will recommend consecutive sentences for the charges, according to defense attorney Jason Widdison.

Judge Camille Neider read the charges one by one, as Shane Peterson responded to each — "guilty." He barely spoke during the hearing but grew emotional during the call and response. One extended family member whispered after he was led out, "It makes me sick," apparently in regards to the display of emotion.

Tyler Shane Peterson was led in next, a lanky young man with dark brown hair buzzed short and glasses, appearing self-conscious from the attention of the gallery. He pleaded guilty in the same fashion as his father, though his plea was "guilty with a mental condition."

Tyler Peterson's defense attorney, Ryan Bushell, explained two doctors evaluated the young man finding "no concerns that he doesn't understand what is happening," but diagnosing autism spectrum disorder, persistent depression disorder, the presence of a personality disorder and generalized anxiety.

Prosecuting attorney Letitia Toombs said the state agrees he suffers a mental condition that meets the legal criteria for the plea, which will require follow-up doctor appointments and postponed sentencing while he undergoes evaluation to determine treatment needs.

As such, Bushell requested the 22-year-old be released from custody to live with his mother and siblings under strict pretrial protective orders and supervision. Neider approved of the release, saying to the man, "You don't get in a raised argument ... you certainly don't put your hands on anyone," though she did not have any specific safety concerns.

Part of the guilty pleas for both men involved admitting to the factual basis of the charges. They both testified that investigator statements were true, that Gavin Peterson was subjected to a "prolonged pattern of abuse over the course of several years."

He was beaten, "even using a piñata stick," the plea statement said.

He was locked in a room with multiple surveillance cameras but no bedding and no blankets, the plea says, wearing only a saturated diaper with sores on his body and covered in feces. He was given a pittance of water, a piece of bread with mustard, or nothing at all, investigators found through texts between father, stepmother and son.

Related:

3 family members charged in death of 12-year-old Gavin Peterson appear in court

The three family members charged in the death of 12-year-old Gavin Peterson stood before a judge on Thursday.

The plea documents say Gavin Peterson was "visibly emaciated," and his "body showed malnutrition to the point the child's organs had shut down completely," medical exams found.

The boy's caretakers watched through cameras mounted in the room, the plea states, as Gavin Peterson "(curled) up on the carpetless floor of the room, which lacked bedding or blankets."

He was sick for several days, Shane Peterson told police, vomiting and having seizures before he stopped breathing and died at the hospital after delayed calls for medical care, all recorded in the plea.

Both men said the presented facts were true.

Shane Peterson is set to be sentenced on May 6. Neider said she would think hard in the interceding time before deciding whether the sentences will run consecutively or concurrently.

"Prison will be imposed," Neider said, with the range of the first-degree felony charge alone being five years to life; the second-degree charges each carrying one to 15 years, and the third-degree felony range at zero to five years. The state will recommend the charges run consecutively, though Neider has the final word.

Tyler Peterson's medical evaluations will be reviewed in late April. Gavin Peterson's stepmother is scheduled to appear in court on March 27.

Related topics