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Parties settle lawsuit over death of 11-year-old Utah boy left in hot car

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Parties settle lawsuit over death of 11-year-old Utah boy left in hot car


Officers examine the loss of life of 12-year-old Joshua Hancey, who died after being left in a sizzling automobile on July 21, 2021, at a care facility in American Fork. (Mike Anderson, KSL-TV)

Estimated learn time: 3-4 minutes

PROVO — A wrongful loss of life lawsuit filed after an 11-year-old boy with autism was left in a sizzling automobile and died below the watch of a care facility was dismissed final week after the events reached a undisclosed settlement.

The lawsuit was filed in opposition to Roost Companies, an American Fork day-treatment middle for people with disabilities, and a few of its workers.

Joshua “Joshee” Hancey, 11, died after being left in a sizzling automobile for practically three hours after an worker went contained in the close by facility on July 21, 2021, after choosing him up from his foster mother and father’ residence.

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Peter Mifflin, the lawyer for Joshua’s property, stated particularly as it’s approaching the 12 months anniversary of the boy’s loss of life, he’s hoping to restrict his shoppers’ publicity to the case and didn’t have any feedback straight from them.

Though they reached a settlement with Roost and its workers, Mifflin stated no amount of cash could make up for the household’s loss. However he stated his shoppers hope the lawsuit results in enhancements within the system and a decrease chance of comparable occasions taking place sooner or later.

The lawsuit, which was filed in late April, defined that workers of Roost say they have been understaffed and overworked on the time. A police report filed by American Fork police additionally stated an absence of communication led to Joshua being left within the automobile.

“Previous to primarily cooking to loss of life within the again seat of (the) automobile, Joshua Hancey skilled appreciable agony, pre-death ache and struggling as evidenced by contemporary chunk marks on numerous places of his physique,” the lawsuit states.

Joshua "Joshee" Hancey, 12, died June 21, 2021, after being left in a hot car at a care facility in American Fork.
Joshua “Joshee” Hancey, 12, died June 21, 2021, after being left in a sizzling automobile at a care facility in American Fork. (Picture: Household photograph)

Police beneficial the worker in control of watching Joshua be charged with baby abuse murder and obstruction of justice. Utah County Lawyer David Leavitt declined to file costs, saying the loss of life was unintentional.

Mifflin stated, usually, baby abuse will not be intentional, particularly when it’s neglect, and he argued that isn’t a adequate purpose to keep away from submitting legal costs.

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“From a authorized perspective, that is a nonsense reply, that does not make any sense. As a result of that is not what’s required,” Mifflin stated.

He stated he hopes Utah County will revisit this case when Jeff Grey takes over from David Leavitt because the Utah County lawyer in the beginning of subsequent 12 months and can file costs, or not less than launch a extra full purpose for the choice to not file costs.

“I nonetheless, to at the present time, discover it fascinating that, within the present setting within the state of Utah, somebody who leaves a canine behind a automobile is charged instantly for animal cruelty with out blinking, and that very same conduct with regard to a human being will not be charged in any respect. That also bothers me,” Mifflin stated.

He stated the household is grateful for the general public’s curiosity within the case and stated that help helped the lawsuit get resolved.

Mifflin stated the household can be grateful for a justice system that permits folks to be on equal standing with companies, particularly companies backed by insurance coverage firms.

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David S. Bridge, lawyer for one of many workers, confirmed the case was dismissed with prejudice after a settlement however declined to remark out of respect to the events within the lawsuit and the tragic nature of the occasions that led to the lawsuit.

The attorneys for Roost Companies and two different workers didn’t reply to requests for remark.

In line with the Division of Human Companies’ web site, Roost’s enterprise license expired in April and was not renewed. The web site lists the enterprise as “closed.”

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Emily Ashcraft joined KSL.com as a reporter in 2021. She covers courts and authorized affairs, in addition to well being, religion and faith information.

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Can Utah football end its season on a positive note at UCF?

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Can Utah football end its season on a positive note at UCF?


This article was first published in the Ute Insiders newsletter. Sign up to receive the newsletter in your inbox each Wednesday night.

The final game of the 2024 regular season is here.

For the University of Utah, there’s almost a sigh of relief that this year will soon be behind them.

Utah started the year with hopes of the College Football Playoff, but will end the season in Orlando with a losing record — just the third of the Kyle Whittingham era.

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There was never an answer at the quarterback position after Cam Rising suffered a finger injury in Week 2 that kept him out for three games, then suffered a season-ending leg injury in Week 6.

Isaac Wilson, a true freshman, was placed in an unfortunate position by having to start the majority of the games, and he just wasn’t ready yet. After suffering an injury against Iowa State that will keep him out for the finale, Wilson finished his first collegiate season with 167.8 passing yards per game (No. 98 in the nation), a 56.4% completion percentage (102), 10 passing touchdowns (103), and 11 interceptions.

Brandon Rose provided a spark against BYU, but suffered a Lisfranc injury. Sam Huard, who was QB4 and never saw the field, also suffered a season-ending injury.

Another year of below-par quarterback play and a run game that stagnated near the end of the season, partly because opponents were able to key in on the run due to the ineffective passing game, doomed Utah to one of its most disappointing seasons in program history.

Losers of seven straight, the only thing left to play for in Orlando is the chance to break a lengthy losing streak and head into the 2025 season on a somewhat positive note.

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“Super important. I think even it carries momentum going forward with the boys in the spring ball and winter conditioning. I think ending on a good note is huge for momentum moving forward,” senior linebacker Karene Reid said.

Due to the aforementioned quarterback injuries, Utah is down to QB5, Luke Bottari, for the Black Friday matchup at UCF (6 p.m. MST, Fox).

In a quarter-and-a-half of action last week, Bottari surprised Iowa State with his legs, rushing for 56 total yards on a 10-play, 91-yard drive that gave the Utes a 28-24 lead with 5:51 remaining. He drove Utah to the Iowa State 36-yard line, but couldn’t advance the offense further, setting up a 54-yard field goal that Cole Becker missed.

“For a guy that started the season as the fifth-string guy and really didn’t have a whole lot of chance to play, just continued to keep himself ready every single week in case,” Whittingham said. “And last week was the week that he got his opportunity and really did some good things. He came in and really provided the spark for us. And so that was good to see Luke do that.”

There’s a lot of similarities between Utah and UCF this season, starting with the identical records — 4-7. The Utes won’t be going bowling for the first time since 2013, while the Knights are missing a bowl for the first time since 2015. Both schools have suffered lengthy losing streaks — Utah losing seven in a row and UCF losing five in a row, beating Arizona, and losing its last two — are are desperate to end the season on a positive.

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Both programs have had their fair share of quarterback difficulties — Utah’s have been well-documented, while UCF has used three quarterbacks this season.

The Knights started the year with KJ Jefferson, who played in five games before being benched in favor of Jacurri Brown. During UCF’s 37-24 loss to BYU, Brown was sent to the pine and redshirt freshman Dylan Rizk finished out the contest.

Since then, it’s been Rizk as the starter. He’s thrown for 797 yards, five touchdowns and an interception on 68% accuracy.

The star of UCF’s productive offense is running back RJ Harvey, who has rushed for 1,458 yards — fourth-best in the country — and 21 touchdowns. He will be a handful for Utah’s defense to try and contain.

UCF leads the Big 12 in yards per game with 454 and is scoring 31.9 points per game.

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“It’ll be a challenge for our defense this week to face that, particularly that rushing attack,” Whittingham said.

Defensively, UCF is in the middle of the Big 12 pack statistically in terms of total yards allowed per game (352), but have generally been stout against the run, allowing just 123.5 rushing yards, though BYU and West Virginia were recently able to eclipse 200 yards on the ground against the Knights.

While Bottari was 5 for 9 for 55 yards through the air against Iowa State, the game plan for the Utes is going to try and find success on the ground first — something they haven’t done consistently in their last two games.

It’s the final game in running back Micah Bernard’s college career, and aside from contributing to a win, he’s trying to rush for 78 more yards, which would put him at 1,000 on the year.

“Man, I’m trying to check it off. I’m trying so hard to check it off. Lack of production lately, but 78 yards to go, I believe. I mean, I need to do it. I got to,” Bernard said.

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Before the season, a cross-country trip on a short week — the Utes will fly to Orlando on Thanksgiving — was always going to be a challenging contest. Even though UCF’s season hasn’t gone the way the Knights imagined it would, this is still going to be a tough one for the Utes, who are currently 10-point underdogs, to win if they want to break the seven-game losing streak.

Utah Utes quarterback Luke Bottari (15) passes the ball during an NCAA football game between the University of Utah Utes and the Iowa State University Cyclones held at Rice-Eccles Stadium in Salt Lake City on Saturday, Nov. 23, 2024. | Isaac Hale, Deseret News

In case you missed it

Kyle Whittingham has a decision to make at the end of his 20th season as Utah’s coach. Whittingham will assess his future with the program following the season finale at UCF on Friday, but says he will do what’s best for the program, not what’s best for him.

From the archives

Extra points

  • A new era, a thrilling finish: How Utah won Gavin Petersen’s unforgettable head coaching debut (Deseret News)
  • Utah’s pick-six streak extends to an NCAA-record 21 consecutive years, but is little more than a footnote for team embroiled in seven-game losing streak (Deseret News)
  • Mark Harlan’s $40,000 fine was not paid out of university funds (Deseret News)



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Ski Slope Spotlight: 'Greatest Snow on Earth' opens at Utah resorts

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Ski Slope Spotlight: 'Greatest Snow on Earth' opens at Utah resorts


ARC Salt Lake is profiling each of Utah’s ski resorts as the 2024-2025 season gets underway.

Solitude Resort

Location – 12000 Big Cottonwood Canyon Road
Solitude, Utah
solitudemountain.com

Resort communications manager Andria Huskinson gives us an introduction to solitude and what people can expect this ski season.

Brian Head Resort

Location – 329 State Route 143
Brian Head, Utah
brianhead.com

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Brian head resort’s general manager, Tom Pettigrew gives us an introduction to Brian Head ski resort and what people can expect this ski season.

Park City Mountain Resort

Location – 1345 Lowell Ave.
Park City, Utah
parkcitymountain.com

Park City Mountain Resort Communications Manager Emily McDonald joins us to talk about how one of Utah’s most iconic ski destinations is preparing for their 61st season.

Woodward Park City

Location – 3863 Kilby Road
Park City, Utah
woodwardparkcity.com

Senior Marketing Manager Sarah Sherman joins us to talk about the unique role Woodward Park City plays in Utah’s skiing and snowboarding ecosystem.

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Snowbird Ski Resort

Location – 9385 Snowbird Center Trail
Snowbird, Utah
snowbird.com

Snowbird Assistant Director of Marketing Kelsey James joins us to talk about how early developers of Snowbird once thought the area was too steep for a ski resort.

Eagle Point Resort

Location – 150 S W Village Cir.
Beaver, Utah
eaglepointresort.com

Eagle Point Managing Director Tanner Larsen joins us to talk about what’s still considered a hidden gem of Utah skiing.

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There are plenty of reasons for the Utah Jazz to be thankful despite latest loss

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There are plenty of reasons for the Utah Jazz to be thankful despite latest loss


Oscar Tsiebwe was at Salt Lake City Stars practice on Wednesday when he was pulled to the side and told that he’d been called up. The two-way player would be making his Utah Jazz debut in a few hours.

That would be great news on its own, but Wednesday was also Tshiebwe’s 25th birthday, so it served as an excellent birthday present.

Micah Potter, meanwhile, knew he’d be in the Jazz rotation on Wednesday considering the number of injuries and players who would be missing from the Jazz roster for their game against the Denver Nuggets.

But Potter, another two-way player, learned that not only would he be in the rotation, but also that he would be starting for the Jazz — the first start of his career.

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Tshiebwe and Potter combined for 25 rebounds Wednesday, both setting career-highs in that category (16 for Potter, nine for Tshiebwe). Despite not having played with the Jazz this season, not having chemistry with the other fully rostered players and not knowing all the nuances of the Jazz’s offensive or defensive schemes, the two were bright spots in the the Jazz’s 122-103 loss to the Nuggets.

Potter, who is in his third year with the Jazz as a two-way player, added nine points, three assists and a block to his game-high 16 rebounds and is someone Jazz head coach Will Hardy said he can always rely on to make a good decision and play hard.

“Micah is super solid,” Hardy said. “Micah is a really good player. His physicality when rebounding is good, he makes quick decisions with the ball, he is pretty good at assembling his feet and getting his shot off, but when he doesn’t, he usually just gets to the next action quickly…Micah is somebody who knows his strengths at this point in his career, and he doesn’t go outside of them very much. He keeps the game pretty simple.”

Then there’s Tshiebwe, who is a favorite of everyone on the team. Though soft spoken, Tshiebwe makes sure to say something to every teammate and coach in an attempt to brighten their day, and he accomplishes that mission time and time again.

If you ask anyone who has met Tshiebwe what they think of him, they immediately smile and say how much they love him and talk about how kind he is and how he makes everyone feel good.

“I love everything about Oscar, man. He just makes you feel good. I wish I was more like Oscar,” Hardy said. “He’s one of the sweetest human beings of all time even though he’s one of the more physical people you’ve ever been around. Yeah, I don’t know. He just smiles and gives you a hug and makes you feel good. He’s hard not to like.”

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But don’t let Tshiebwe’s smile, soft voice or cheerful disposition make you think that he’s an easy target on the basketball court. Tshiebwe has made life hard for every Jazz and Stars player during practices. He hunts rebounds like his life depends on it and is always willing to do all the grunt work during a game that won’t show up on a stat sheet.

“It’s miserable playing against him,” Potter said. “There’s not one person in the NBA or in the world, at least that I’ve played against, that plays like him.

“He’s relentless. He’s a relentless rebounder. It’s one of those things where you have to just go hit him, but he’s so strong that he’ll hit you back, and still, he’s got like a 7-5 wingspan, so he’s got the length and everything, and it’s unbelievable.”

That dogged play is why Tshiebwe is averaging 16.9 rebounds and 16.1 points with the Stars this year and why he was able to grab nine rebounds in just 15 minutes after a whirlwind of a day on a team he hasn’t played with.

The Jazz were playing without Lauri Markaknen, John Collins (left knee contusion), Jordan Clarkson (plantar fasciitis), Kyle Filipowski (left lower leg inflammation) and lost Drew Eubanks midway through the night with a left knee contusion.

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It was going to be an uphill battle against the Nikola Jokic-led Nuggets and there were certainly moments when the Jazz looked completely outmatched.

But there were also moments of great competition and fight, and Potter and Tshiebwe were bright spots.

“This job is crazy, like, this is not real life,” Hardy said. “I get to coach basketball every day, I get to be with these guys every day. I love them to death, and they drive me crazy.

“We’re just as dysfunctional as any family. I’m just thankful for this whole thing. It’s like surreal every day. I haven’t gotten used to it and I hope I never do.”

And speaking of something to be thankful for, Markkanen missed Wednesday’s game not because of the knee contusion he suffered on Tuesday night, but because his wife Verna gave birth to their third child.

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So as the Jazz head into two days off, despite the loss to the Nuggets and a 4-14 record, there are reasons to smile and plenty to be thankful for.



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