Charges not dropped in hypothermia death

SHOSHONE, Idaho – A Southern Idaho judge has rejected a motion to dismiss charges against an Idaho man in the hypothermia death of his 11-year-old daughter, who tried to hike through 10 miles of snow along a desolate stretch of road on Christmas Day.

Fifth District Court Judge G. Richard Bevan on Friday upheld the constitutionality of a state law being used to charge Robert Aragon.

Aragon, 55, is charged with involuntary manslaughter and felony injury to a child. Authorities say he allowed his daughter, Sage, and son, Bear, to trek to their mother’s home in the cold and wind after his 1988 Buick got stuck in a snowdrift.

Bear, then 12, suffered hypothermia; Sage died.

Aragon has pleaded not guilty.

Public defender Patrick McMillen argued in May that the state’s injury-to-a-child law is too vague and could make it a crime for parents to let their children take part in potentially dangerous activities such as gymnastics or whitewater rafting.

During the brief hearing in May, McMillen argued that Aragon did not knowingly put his children in danger.