Tooele mom pleads guilty to child abuse homicide
by Jamie Belnap
Jun 20, 2008 | 2802 views | 5 5 comments | 36 36 recommendations | email to a friend | print
Bailiff Frank Scharmann directs Kimberly Emelyantsev into 3rd District Court Friday. Emelyantsev pled guilty to second-degree felony child abuse homicide in the death of her 14-month-old adopted son.<br>-- photography / Troy Boman
Bailiff Frank Scharmann directs Kimberly Emelyantsev into 3rd District Court Friday. Emelyantsev pled guilty to second-degree felony child abuse homicide in the death of her 14-month-old adopted son.
-- photography / Troy Boman
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A Tooele mom originally charged with the murder of her 14-month-old adopted son pled guilty today in 3rd District Court to amended charges of child abuse homicide — a second-degree felony.

Kimberly Emelyantsev, 33, made a 911 call on March 6 to report that her son Nikolai — a child with Down syndrome who she had recently adopted from Russia — was experiencing breathing problems. Tooele City police officers who responded to the scene noted discoloration and bruising to the child’s face. The child was taken to Mountain West Medical Center and then transported to Primary Children’s Medical Center, where he later died.

Emelyantsev originally told police the child had fallen off a chair in the family’s living room when she had left the room for a few minutes to change another child’s diaper. She was arrested March 10 after physicians at Primary Children’s Medical Center advised police that Nikolai had sustained injuries that were a result of blunt-force trauma to the head and could not have been caused by a fall as described by Emelyantsev.

Emelyantsev told Judge Mark Kouris that the child had not fallen, but rather she had dropped him, which ultimately caused his death.

Deputy County Attorney Gary Searle said the amended charges were part of a plea deal.

“In our plea negotiations with the defense, we found out that [the case] fit better under a reckless charge rather than intentional,” Searle said. “It wasn’t an accident, but the intent to kill the child wasn’t there either.”

Searle said more details as to what actually happened to Nikolai will come out at the upcoming sentencing hearing, but added the child was dropped more than once.

Additional child abuse charges against Emelyantsev and her husband, Fyodor, in connection with the suspected abuse of another of the couple’s children — a 4-year-old son with Down syndrome, also adopted from Russia — were dismissed after further review by the county attorney’s office.

“There wasn’t even a consensus among the medical community [about the alleged abuse],” Searle said. “There just weren’t the facts to move forward on it.”

Fyodor will be released from custody. Searle said it’s possible that the couple’s children — a 10-year-old daughter from Kimberly’s previous marriage, and two younger biological daughters, ages 5 and 2, and the 4-year-old adopted son — who were being watched by a maternal uncle in Dugway will be returned to the couple, though not immediately.

Kimberly will appear for sentencing on Aug. 8. She could face up to 15 years in prison.

jamieb@tooeletranscript.com
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comments (5)
« TooeleBuff wrote on Tuesday, Jun 24 at 01:30 PM »
First, I was in court the day the defendant entered her plea and actually heard what was going on and what was said. For those of you that did not attend the hearing I would ask that you all read the article once again and actually try to understand what it says. You read but have yet to comprehend. In regards to the case involving the death of the child there was not medical uncertainty as to how the child died. The child died as a result of the mother's reckless actions. This was a certainty according to ALL medical personnel. The medical uncertainty Searle spoke about in court was in regards to the child abuse charge involving the OTHER CHILD who is four years old; not the child that died! The abuse case involving the 4 year old was dismissed based on the medical uncertainty as to the cahrge of malnutrition. Seems Searle and Hogan did what they as prosecutors should have done in dismissing a case not supported by the evidence. To have gone forward with that case, knowing they lacked the evidence, would have been over aggressive, and unethical, prosecution. They do the right thing to dimiss a case they lack evidence in and then Power's blasts them as over aggressive. CLUELESS! Again, read and try to comprehend rather than fire off with knee-jerk reactions.

Second, Mr. Power's would be well versed to actually understand the 4 levels of criminal intent that are meted out in any criminal case. Again Mr. Power's, read the article. Searle said it WASN'T an accident (unlike your assertion as to what he said - read the article again), but that it wasn't intentional either! Mr. Power's - look up the words intentional or knowingly, reckless, negligent and "strict liability." Once you do that you will have a basic understanding as to legal standards applied in this case. Searle said not INTENTIONAL but rather RECKLESS (read the article again, and NEVER did he say that it was an accident!
« J Powers wrote on Tuesday, Jun 24 at 12:59 PM »
Moto33 - Why the personal attack? Haven't you ever heard you're not supposed to shoot the messanger? I defy you to find anything in my previous statement that suggests that I approve of child abuse. I'm just saying based on what I know of Kim and Fyodor, the overall health of the baby (see Pam's comment) the contradiction of Searl's comments, the fact that the medical profession could not agree on the issue of abuse certainly opens the door for resonable doubt. The judge in his accepting the plea agreement called the incident an "accident", which Kim and Fyodor have maintained all along. I hope I haven't offended you or anyone because of my opinion.
« Pam Olmore wrote on Tuesday, Jun 24 at 09:46 AM »
Did somebody out there understand that the children were adopted from Russia WITH medical complications?

This does sound like a legal person is wound too tightly - especially if the medical personnel involved in this case are not in agreement as to how the child sustained the fatal injury.
« moto33 wrote on Tuesday, Jun 24 at 07:22 AM »
maybe jerry you should be a defense attonrney since since you know som much about the law, and yet we dont see you practicing law, why is that? let the legal stuff be left to those who do it for a living and go back to your what ever you do, child abuse is not acceptable, not excuseable, i rad the story and the gal changed it a couple of times, so no this was not an accident, she should be punsished for hurting a child, as should every one who neglects a child or abuses one, and abuse is far different from a spanking.
« Jerry Powers wrote on Monday, Jun 23 at 04:25 PM »
Jamie, the inconsistencies in Searle's comments jump off the page. By definition in the Utah Criminal Code you can't have "accident" and "reckless" in that ORDER in the same sentence. During the hearing I never heard anyone say that the baby had been dropped several times. Searle's quoted comments, "There wasn't even a consensus among the medical community (about the alleged abuse)," "There just weren't the facts to move forward on it." So, he (Searle) gets to have his cake and eat it too. Not enough evidence for murder and/or alleged abuse, so let's cram a plea deal down her! This mother did not recklessly cause the death of her child. It was an accident just like the judge and Searle said in court. An accident cannot be reckless!! This reminds me of the scene in Absence of Malice, where Sally Fields is ordered to turn her story over to an associate. The associate says, "Is this the truth?" at which Ms. Fields responds, "No, but they are the facts." This is, and always was, a rush to judgment by a new County Attorney and an over agressive prosecutor, Mr. Searle. This isn't justice; it appears to be a face saving politcal expediency. Mr. Hogue needs to do the right thing, DROP THE CHARGES and allow this family to try and put their lives back together.
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