Kaysville man who choked 5-year-old sentenced to 60 days in jail, probation, counseling

Apr 25 2012 - 8:15pm


Dustin Harley Christensen-Day
Dustin Harley Christensen-Day

FARMINGTON -- A judge says he is concerned about a 5-year-old boy who was choked by Dustin Harley Christensen-Day in March.

Judge David Hamilton said Wednesday he received letters from a friend of Christensen-Day and Christensen-Day's mother, who is also the boy's grandmother and guardian.

"They don't seem concerned about the child. They seem to minimize what happened," Hamilton said. "This child was choked, not once, but twice. I'm concerned about the child, and I'm concerned about you, Mr. Christensen-Day."

Christensen-Day, 18, of Kaysville, appeared in 2nd District Court before Hamilton for a sentencing hearing Wednesday. On March 21, he pleaded guilty to one count of third-degree felony child abuse.

Hamilton sentenced Christensen-Day to serve 60 days in Davis County Jail, giving him credit for the 51 days he has served since his March 5 arrest.

Hamilton also sentenced Christensen-Day to three years' probation and ordered him to get substance abuse and psychological counseling.

Hamilton ordered that Christensen-Day could not have any contact with the child unless another adult was with him. He set Aug. 1 for a review hearing.

Hamilton stayed a prison sentence of up to five years and recommended that Christensen-Day go back to college.

Christensen-Day said, before he was sentenced, "I have had a lot of time to think about what happened, and I feel terrible for what I did."

Anger issues and an addiction to methamphetamine led Christensen-Day to choke his nephew, Christensen-Day's attorney has said.

Christensen-Day, who has no previous criminal record, said he's going to do what he needs to do to make up for what he did.

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