1 / 2

Antonio Jose Tamez, 27, was sentenced in Ogden's 2nd District Court on Thursday, Aug. 24, to an unspecified term of one to 15 years in the Utah State Prison for child abuse that resulted in injuries to his 7-week-old son.

2 / 2

Antonio Jose Tamez, 27, was sentenced in Ogden's 2nd District Court on Thursday, Aug. 24, to an unspecified term of one to 15 years in the Utah State Prison for child abuse that resulted in injuries to his 7-week-old son.

❮ ❯

OGDEN — Despite a recommendation for a lighter sentence from Utah’s office of probation and parole, Antonio Jose Tamez is going to prison for seriously injuring his 7-week-old son in August 2016.  

The 27-year-old was charged in December 2016 with child abuse, a second-degree felony, and endangerment of a child, a third-degree felony, after his son suffered multiple broken bones and brain bleeding. Tamez admitted to being “too rough” with the baby when the child was under his care, court records say.

The baby also tested positive for methamphetamine and THC, the active ingredient in marijuana, resulting in the child endangerment charge. That charge was dropped in accordance with a plea agreement after Tamez admitted to second-degree child abuse in July. 

“Mr. Tamez realizes the tragedy that occurred at his hands,” said Jason Widdison, public defender for Tamez. Widdison read a statement that Tamez had provided previously, which said, in part, “I hate myself and wish it would change every day … I cry myself to sleep every night due to the sympathy I feel for my son.” 

Immediately after the baby was hospitalized, Tamez told police he was high when the child was injured and didn’t remember what happened. In court on Thursday, he said, “I’m not here to make any excuses.” 

Josh Wayment of the Weber County Attorney’s Office characterized Tamez’s admissions to police differently. 

“He tells police he dropped a phone on the baby’s face and that’s how the injuries were caused,” Wayment said. “He tells all kinds of stories, he tells police he slapped the baby’s stomach just to see the baby’s reaction. He was aware of what he was doing regardless of what substance he might have been under the influence of.” 

Wayment said the sentencing matrix recommending probation for Tamez was flawed. He pointed out Tamez’s charge was classified as a “second-degree person crime,” which he said could include a range of offenses from “a knife, where an arm was cut, to something as serious as this case, where a 7-week-old has to be life-flighted because he has brain bleeding.” 

The child’s mother, Tanika Dagsen, read a statement to the court before sentencing. “He (Tamez) took everything from me and my family. We continue to ask ourselves why. We will never get an answer … My eyes are completely open now, and I see him for the evil that he is.” 

Judge Michael DiReda spoke briefly about the factors he was considering before handing down the sentence.

“I’ve been glancing up at the gallery in this courtroom, and I can tell that those listening to the facts of this case for the first time are impacted by what they’ve heard, and not in a positive way,” DiReda said. “It is difficult, truly, for most if not all people to wrap their minds around how somebody can inflict the types of injuries you inflicted upon your son.”

DiReda said he had no doubt Tamez can change and do great things in his life regardless of his past. 

However, the judge said, “The crime you committed was so egregious and the victim so vulnerable and the lingering effects of the child abuse you committed so extensive … In my opinion, I agree with the report writer who deviated from the matrix and recommended prison commitment.” 

DiReda then imposed an indeterminate sentence of one to 15 years in the Utah State Prison, with credit for time served, and a recommendation for Tamez to be considered for drug treatment while in prison. 

The amount of time Tamez serves in prison will ultimately be determined by the Board of Pardons and Parole. 

Contact reporter Nadia Pflaum at npflaum@standard.net. You can follow her on Twitter at @nadiapflaum.