The Justice Files: Father unsatisfied with mother’s sentence in baby’s death

Local News

SALT LAKE CITY (ABC4 News) – Baby Archer lived for 13 days but died from injuries related to child abuse. His biological mother was sent to prison for her role in his death.

Both Maria Sullivan and Dylan Kitzmiller were charged with murder, but the prosecution couldn’t make that charge stick. But the charge of child abuse did.  The child’s biological father walked away with an empty feeling.

“I was doing everything in my power to find my son, and no one wanted to help,” said Jaymie Waters.

It was an emotional moment from Baby Archer’s biological father who told the court, he failed to save his son.

Baby Archer died 13 days after birth in a home where his biological mother was living with her new boyfriend.

Sullivan took a plea offer in which the murder charge was dropped in exchange for her testimony against her boyfriend, but she was still being investigated on child abuse charges.

“I do acknowledge that I have made mistakes and I am very sorry.  I miss my son, every day, part of my soul,” said Sullivan.

Jaymie waters, the biological father holding ultrasound images of Baby Archer says he never got to hold his son because Sullivan wouldn’t allow it.

He claimed Sullivan denied Baby Archer was his and claimed her boyfriend was the father.  A DNA test proved waters was the father.

He told the judge the fought to remove the baby from her because of her drug addiction, but in the end, no one would believe the baby’s life was in danger.

“I have to live with this– knowing that I could have saved my son’s life had I been able to get to my son,” said Waters.

Sullivan’s boyfriend, Dylan Kitzmiller was acquitted of child homicide, but a jury found him guilty of child abuse too. His sentencing was delayed.

Waters wanted Sullivan to go to prison and she did.  But this wasn’t enough.

“My son was murdered,” said Waters. “I didn’t get justice in this case.”

Sullivan was sentenced to a one year and up to 15 years in prison.
Kitzmiller has spent more than 21 months in jail and will be sentenced later this summer. 

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