'That was not discipline': Man accused of attempting to drown daughter sentenced

MANTI — A man accused of attempting to drown his daughter in a central Utah river was sentenced to less than a year in jail on Wednesday.

Andres Blas Hernandez, 46, was charged in June in 6th District Court with aggravated child abuse, a first-degree felony; child endangerment, a third-degree felony; drug possession, a class A misdemeanor; and possession of drug paraphernalia, a class B misdemeanor.

Sanpete County Sheriff's deputies were called to an area near the San Pitch River where Hernandez allegedly dragged his daughter under the water and held her there after an argument. The girl told police that her father had pushed her into the water, then painfully grabbed her again, so she punched him in the side of the head, police said.

The girl was taken to a local hospital for an evaluation as deputies went to two camp trailers near the river where Hernandez was allegedly living, court documents state.

"The living conditions on the property were so poor that I would consider them nearly unlivable," deputies wrote in their affidavit. Drugs and drug paraphernalia were also found in Hernandez's trailer, and he was arrested.

Hernandez pleaded guilty in September to two charges of child endangerment, a third-degree felony, and the drug possession misdemeanor.

The daughter spoke Wednesday at the sentencing hearing, saying she has had a hard time accepting what happened.

"I know we have had our ups and downs, and I know we have been through a lot of things, but I did not deserve to be under that water, and I did not deserve to be under there for that long," she said, adding that she wishes things were different, but his behavior was "uncalled for."

"I feel like prison is a worthy sentence because I could have died that day and he did not care," she said.

Hernandez said Wednesday he just wanted to provide his daughter a good life and had done everything he could "to build something that I'd never had, for my daughter." But in doing so, he was working too much and "fell short," causing problems for his daughter because he wasn't there for her, he said.

"I got whittled down so far that I fell into the negligence category. I'm really sorry that things escalated to the place that they did," Hernandez said. "I'm just so sorry for wasting everybody's time, and I've got a lot of making up to do."

Hernandez said they "lived in squalor because I let it all go. I couldn't maintain all of it by myself. I lost everything, including her."

When the judge asked if there was ever any abuse before the river incident, Hernandez said his intent was never to hold her under the water. He said he was just trying to get her cell phone into the water and "it happened all in the flash of a second.

"I got hit; I was barefoot. I fell down; we both fell down together. When I got to my feet, she ran off. It was that fast in my mind," he said. "I, for the life of me, can't ponder or even digest trying to kill my own kid. ... I intended to get the phone wet, and that was it. I never intended for her head to go under."

Sixth District Judge Robert Van Dyke said his daughter's perception "was that you were trying to kill her."

"I never ever, for one second, had it in my mind that I was going to hurt her," Hernandez said. "I want her to know I love her. I want to build a fixed relationship with her now that we're both adults and can walk away from each other if need be."

Van Dyke described the situation as a "breakdown in the relationship" where a father endangered his child for the purposes of discipline and that it was "somewhat extreme in nature."

"I don't think it was just a single incident. This is something that you led up to over time. You don't just wake up one morning and decide to impose this kind of conduct on your child," the judge said, also pointing to Hernandez's criminal history, having spent time in prison and on failed probation.

"It is concerning the amount of risk that Mr. Hernandez still shows even though he's been out of prison for over 12 years. ... To me, that suggests that he is kind of just barely holding on and hasn't really addressed the underlying issues," Van Dyke said.

Van Dyke sentenced Hernandez to zero to five years in prison for both of the felony charges and 364 days in jail for the drug possession. Van Dyke then suspended the prison sentences but ordered him to serve 270 days in jail with credit for the time he has served since being arrested.

Hernandez's sentence will include three years of probation, during which he must complete a cognitive behavioral course, a substance abuse evaluation, an anger management class and undergo a mental health evaluation. He must also do a domestic violence assessment and recommended treatment.

"You are a human being and hopefully, in the future, you have an intimate relationship with another person, and you have these underlying issues that need to be addressed so you don't cause harm to that person," Van Dyke said.

His daughter must request visitation through his probation officer.