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Caalarugushark Media. Good morning, I'm Reed Carter. Thursday, February nineteenth,
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twenty twenty six. Three stories today. Each one will make
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you question the people who were supposed to protect someone vulnerable. Innsbruck, Austria.
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Trial open today for Thomas Plamberger, thirty nine years old,
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charged with negligent homicide after leaving his girlfriend Kirsten Gertner
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to freeze to death on the gross Glockner, Austria's highest mountain,
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in January of last year. She was thirty three, found
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dead just one hundred fifty feet below the summit temperatures
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hit minus twenty celsius with wind chill. Prosecutors say he
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made nine critical errors, left her unprotected, exhausted, hypothermic, and
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disoriented at two in the morning, didn't call for help
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until ninety minutes later. Haunting webcam images show two headlamps
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going up in the evening hours later only one coming down.
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Her own mother is defending him, says this was a
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tragic accident, not a crime. Salt Lake City, Utah, Tyler
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Peterson sentenced yesterday to five years to life for his
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role in the death of his twelve year old brother, Gavin.
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The boy was starved until his organs shut down completely.
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Father Shane Peterson already serving five years to life, stepmother
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Nicole Scott serving fifteen years to life, and DCFS received
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multiple abuse reports going back to twenty twenty. Nobody saved
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Gavin Peterson and New Orleans Schia Labouf arrested early Tuesday
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morning during Marty Grass two counts of simple battery after
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allegedly punching two men outside a bar in the French Quarter.
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The thirty nine year old actor had been on a
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week long bar crawl through the city. One bartender told
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reporters he was terrorizing the city. Video shows Lebeuff shirtless,
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facing off against a crowd, then getting beaten on the ground,
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released on his own recognizance back on Bourbon Street hours later.
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I'm Red Carter today, a mountain, a starving child, and
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a Hollywood train wreck. This is Celebrity Trials. January eighteenth,
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twenty twenty five. Austria. The gross Glockner twelve thousand, four
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hundred and sixty feet Austria's highest mountain, one of the
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most challenging climbs in the Austrian Alps, requiring full climbing
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and glacier gear even in summer. In winter, it's a
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death trap for anyone who isn't prepared. Thomas Plamberger, thirty
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nine years old, experienced mountaineer dozens of high altitude climbs
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under his belt. His now deleted social media was filled
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with summit photos, climbing routes, alpine adventures. He knew what
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he was doing up there. Kirsten Gertner, thirty three years old,
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his girlfriend from Salzburg, described herself on social media as
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a winter child and mountain person. Loved hiking, loved pushing
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her limits, but according to prosecutors, she had never undertaken
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an alpine high altitude tour of this length, difficulty and altitude.
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That distinction matters. Loving the mountains and being qualified for
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a technical winter ascent of Austria's highest peak are two
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very different things. Six forty five am, the couple began
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their ascent via the Southwest Ridge, known as the Studelgrat
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Technical climbing route, rated UIAA three to four difficulty requires ropes, crampons,
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ice axes, serious mountaineering. Prosecutors say they started two hours late.
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In winter climbing, timing is everything you need to summit
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and descend before temperature's plummet after sunset. Starting late means
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getting caught on the mountain in the dark, in the cold,
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in the wind. By one thirty PM, they reached what
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climbers call the breakfast spot at about a eleven six
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hundred feet. This is the critical turnaround point, the beginning
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of the hardest climbing on the route. If you're not
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making good time. This is where experienced climbers turn around,
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go back live to climb another day. Plamburger and Girtner
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kept going. Here's another problem. Prosecutors identified Girtner was wearing
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snowboard soft boots, not proper mountaineering footwear. Snowboard boots are
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designed for bindings on a flat board. They don't have
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the rigidity or support needed for cramp on equipped climbing
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on steep ice and rock. At nearly thirteen thousand feet. Plamberger,
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as the experienced climber who planned the route, should have
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known this. By six pm, roughly twelve hours after they started,
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webcam images from a nearby mountain hut, captured two tiny
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headlamp lights slowly moving toward the summit, still climbing in
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the dark. In January, at nearly thirteen thousand feet. By
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around nine fifty pm, Ger's legs gave out, exhaustion, hypothermia
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setting in. They were roughly one hundred fifty feet below
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the summit cross, so close to the top, but she
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couldn't go up, couldn't go down, could barely move. Temperatures
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minus eight degrees celsius, wind speeds up to forty six
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miles per hour, wind chill minus twenty bone numbing, organ
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shutting down. You will die if you stay here cold.
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At ten fifty pm, a police helicopter flew over the
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area the couple was stranded. This was their chance signal
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the helicopter wave, use a light, fire, a flare anything.
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Prosecutors say Plamburger did not give any distress signals. The
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helicopter flew on. Police tried repeatedly to contact Plamburger by phone.
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His phone was on silent, stored away, unreachable. Twelve thirty
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five am, Plamburger finally spoke with Mountain police. The details
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of that conversation are disputed. His defense says he requested assistance.
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Prosecutors allege he indicated things were under control. For the
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next hour and a half, nothing happened. Gertner was still
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up there, exposed, freezing deteriorating. Two am, Plamburger made the
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decision to leave, left Girtner on the mountain, began descending
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alone toward the Erzerzog Johann Hutt to find help. Here's
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what prosecutors say he didn't do before leaving. He didn't
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move Girtner to a wind protected spot, didn't use her
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bivouac sack, didn't deploy the emergency rescue blankets they carried,
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didn't remove her heavy backpack and split board to reduce
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her exposure. Just left her there, unprotected, exhausted, hypothermic, disoriented
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at nearly thirteen thousand feet in minus twenty wind chill
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alone three point thirty AM. An hour and a half
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after leaving Gertner, Plamburger finally called rescue services. Told them
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he'd had to leave his girlfriend behind. Suggested sending a helicopter,
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but the storms were so severe that helicopter rescue was
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impossible hurricane force wins at that altitude, nobody could reach her.
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A helicopter search mission, launched around seven a m was
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called off due to conditions. It wasn't until approximately ten
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AM that a search team reached Gertner on foot. She
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was dead, frozen just below the summit cross of Austria's
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highest mountain. Plamberger was safely off the mountain. He'd made
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it down six and a half hours after leaving her.
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He returned to find what he already knew, she was gone.
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The Innsbruck Prosecutor's office spent eleven months investigating. Examined cell phones,
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sports watches, laptop photographs, videos commissioned. An independent alpine mountaineering
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expert report identified nine critical errors Plamberger allegedly made starting
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two hours late, not accounting for Gertner's inexperience, allowing improper equipment,
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continuing past the turnaround point, failing to signal the helicopter,
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having his phone on silent, waiting too long to call rescue,
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not sheltering Gertner before leaving, not using available emergency equipment,
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nine chances to save her life. Nine decisions that, according
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to prosecutors, constituted gross negligence. The charge negligent homicide maximum
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penalty three years in prison. Three years for allegedly leaving
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someone to freeze to death on a mountain. Make it
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make sense? The defense sees it differently. Attorney Kurt Jelinek
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says this was a tragic, fateful accident. Says the couple
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planned the expedition together, both considered themselves sufficiently experienced and
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well equipped. Says Plamburger left by mutual agreement to get help,
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that Gertner understood and supported the decision. And here's the
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twist nobody expected. Kirsten's own own mother is defending Plamberger.
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Gertrude Girtner told German newspaper Deep Site. It makes me
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angry that Kirstin is being portrayed as a naive little
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thing who let herself be dragged up the mountain, said
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her daughter loved pushing her limits, was responsible and nature loving,
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prepared meticulously for her tours. About Plamberger, the mother said,
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I think it's unfair how Kirstin's boyfriend is being treated.
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There's a witch hunt against him in the media and online.
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Said the two of them always made decisions together that
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he didn't deserve to be held responsible as a guide.
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For us as parents, it's not about as signing blame,
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but about understanding, providing information and doing justice to our
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daughter and her dreams. Many people who blame Kirsten's boyfriend
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have never been in such a situation. Nobody knows how
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they'll react. Then it's easy to be a hero in
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the comfort of your own home. That's a mother defending
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the man prosecutors say killed her daughter. That's grief expressed
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as understanding rather than rage. Whether it's admirable or misguided
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depends on what the evidence proves at trial. But here's
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what bothers me. Plamberger was the experienced climber. Gertner trusted him.
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He planned the route, he chose the timing, he allowed
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inadequate equipment, he kept going past the turnaround point, and
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when she collapsed, he left her unprotected in the deadliest
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conditions imaginable. You can love someone and still fail them catastrophically.
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You can grieve genuinely and still be criminally negligent. Those
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things aren't mutually exclusive. After Gertner's death, Plamburger posted on Instagram,
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I miss you so much. It hurts so incredibly much
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forever in my heart Without you, time is meaningless. He
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co signed the obituary her parents wrote, then deleted his
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social media. Haunting webcam images tell the story better than
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any testimony. Two lights going up in the evening, one
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light coming down in the darkness. The other light never
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moved again. Kirsten Gertner was thirty three years old from Salzburg.
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Loved the mountains, called herself a winter child, described by
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friends as beloved, kind, joyful. Her funeral notice read, our
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lives are in God's hands. If it is his will,
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then do not grieve for me, but remember me with love.
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She should be planning her next climb, should be posting
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summit photos. Should be alive. Rest in peace, Kirsten. Someone
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has to say your name, We'll be right back. With
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the sentencing of Tyler Peterson, who helped starve his twelve
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year old brother Gavin to death while child protective services
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look the other way. Welcome back to celebrity trials. I'm
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Red Carter. Ninth, twenty twenty four, West Haven, Utah, small
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city north of Salt Lake. Twelve year old Gavin Peterson
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found unresponsive inside his family's home, rushed to the hospital,
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dead on arrival. Cause of death malnutrition. His organs had
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shut down completely. A twelve year old boy in America
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in twenty twenty four starved to death, not by accident,
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not by poverty, by deliberate, calculated, sustained abuse, three people
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were responsible, his father, Shane Peterson, his stepmother Nicole Lee Scott,
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and his older brother Tyler Peterson. The investigation revealed a
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house of horrors. Gavin was beaten, starved, given only small
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servings of water and a piece of bread. His family
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discussed the abuse on their phones, texting each other about
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beating the twelve year old and not feeding him. They
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documented their own cruelty in writing. And it wasn't just Gavin.
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His siblings were subjected to abuse use too. This was
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a household built on torture, and the adults and Tyler
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treated inflicting pain like a family activity. Shane Peterson and
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Nicole Scott pleaded guilty to first degree child abuse homicide
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in March twenty twenty five. Shane was sentenced in May
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to five years to life. Nicole got fifteen years to life,
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the harshest sentence of the three. She was the stepmother,
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the outsider who came in and escalated everything. Tyler Peterson
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also pleaded guilty child abuse homicide, two counts of aggravated
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child abuse obstruction of justice. Yesterday, he stood before Judge
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Camille Nyder in Salt Lake City for sentencing. The courtroom
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was divided, not in the way you'd expect. Both sides
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acknowledged the horror, but they disagreed about Tyler's culpability. Tyler's
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defense attorney Ryan Bushell, painted a picture of a troubled
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young man who grew up in the same abusive household.
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He told me the horrific nature of what occurred in
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that house. Bushell told the court said Tyler was a
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troubled child who didn't commit crimes outside the home, that
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the abuse wasn't limited to Gavin. Tyler and the other
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siblings suffered too. Tyler's mother, Melanie Peterson, submitted a letter
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through her attorney. She explained how the family separated after
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the divorce, how the problems escalated after Shane married Nichole Scott,
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how one of the children spoke out about the abuse
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and what followed was even worse abuse. I know Tyler
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would never do this on his own. He was brainwashed
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from a young age. The mother's letter read, I was
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their mother and I failed to protect all my kids.
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I respectfully ask you to allow Tyler to continue his
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treatment at home. Tyler was seen wiping tears after his
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mother's letter was read, but the prosecution told a different story.
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Attorney Kevin mcgahaw listed Tyler's accomplishments during high school. He
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earned an associate's degree. He was intellectually capable, He could
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think for himself. We are here today because Tyler Peterson
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participated in that torture, mcgaha told the court. Then he
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laid out the evidence text messages, Tyler texting Nichol Scott
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about what he'd done to Gavin, beating him, making him
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hold his bladder, tricking him into thinking he was going
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to school when he wasn't. And here's the detail that
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destroyed any sympathy. The family went on a trip to Disneyland,
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left Tyler and Gavin behind. While Shane, Nicole and the
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other kids were at the happiest place on Earth. Tyler
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was alone with his twelve year old brother, and during
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that time he reported incidents of mental and physical torture.
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Mgaha put it plainly, did he have the capacity to
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show mercy? He certainly had the opportunity. Tyler had two cars,
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a good job, and money. He wasn't a prisoner, he
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wasn't locked in that house. He chose to stay, he
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chose to participate. He chose to text his stepmother updates
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about the abuse he was inflicting. When given the chance
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to address the court, Tyler declined, said nothing. Judge Knider
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took her time, acknowledged the difficulty This case is hard,
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not because it is difficult to hear the facts. She said,
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I can say wholeheartedly that both sides are right given
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their recommendations. Then she delivered the sentence five years to
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life for the child abuse homicide charge, one to fifteen
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years on each count of aggravated child abuse, one to
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fifteen years for obstruction of justice, all sentences running concurrently,
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two hundred forty six days credit for time served. The
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Department of Corrections will determine the actual length and whether