Kimberly Emelyantsev

Background

Kimberly Emelyantsev was a Tooele mother who admitted to killing her 14-month-old adopted child, Nikolai. Nikolai was a child with Down syndrome whom Emelyantsev had recently adopted from Russia.

Emelyantsev made a 911 call on March 6 to report that Nikolai was experiencing breathing problems. Tooele City police officers who responded to the scene noted discoloration and bruising to the child’s face.

Emelyantsev’s husband was Fyodor Emelyantsev. Fyodor was a nurse. The couple’s household included multiple children, including a 10-year-old Down syndrome daughter from Kimberly’s previous marriage, two biological children ages 5 and 2, and a 4-year-old Down syndrome son they adopted from Russia. Another adopted child—a 4-year-old Down syndrome son—had been hospitalized earlier for dehydration and malnourishment, and a feeding tube had been inserted to provide nutrients and fluids.

The offence

Nikolai was taken to Mountain West Medical Center and then transported to Primary Children’s Medical Center, where he later died.

Initial accounts by the parents indicated they thought the child might have fallen off a chair in the family’s living room when Emelyantsev had left the room briefly to change another child’s diaper. Emelyantsev later told Judge Mark Kouris that Nikolai hadn’t fallen and that she had dropped him, which ultimately caused his death. During a 60-day psychological evaluation, a different version emerged, with Emelyantsev telling interviewers she had kicked the child twice, sliding him across the floor, and that later, when frustration with the needs of her other children boiled over, she picked up Nikolai and “slammed” him onto the hard-surface floor twice.

The medical explanation for Nikolai’s death involved blunt-force trauma to the head and a skull fracture. The medical examiner called the death a homicide.

In the related matter involving the couple’s other adopted 4-year-old son, Emelyantsev and Fyodor also faced criminal charges connected to the suspected abuse that included dehydration and malnourishment, extreme dehydration and malnourishment when police arrived, and a feeding tube had been inserted earlier.

Investigation

Tooele City police officers responded to Emelyantsev’s March 6 911 call after she reported that Nikolai was experiencing breathing problems. When officers arrived, the child was found unresponsive and breathing shallowly, and officers noticed bruising and discoloration to the child’s face.

Physicians at Primary Children’s Medical Center advised police that Nikolai had sustained injuries that were a result of blunt-force trauma to the head and could not have been caused by a fall as described by Emelyantsev.

An autopsy showed that Nikolai died of a skull fracture caused by blunt force trauma to the head. There were bruises on both cheeks, the head, ear, left leg and anal area, and a tear on the child’s lip.

A probable cause statement issued by the county attorney’s office stated that Nikolai died from a skull fracture that occurred while he was in Emelyantsev’s care.

Arrest

Emelyantsev was arrested March 10.

Fyodor Emelyantsev was also arrested Monday in connection with the malnourished condition of the couple’s other adopted 4-year-old son.

Lt. Paul Wimmer of the Tooele City Police Department described the severity of the fracture as the factor that “caused alarm and made it so suspicious.”

Trial

Charges and plea

Emelyantsev was originally charged with first-degree felony murder in the case of Nikolai’s death. She was also originally charged with first-degree murder.

On June 20, Emelyantsev pled guilty in 3rd District Court to amended charges of child abuse homicide, a second-degree felony, as part of a plea deal.

Deputy County Attorney Gary Searle said the amended charges were part of a plea deal and that, in plea negotiations, the case fit better under a reckless charge rather than intentional: “It wasn’t an accident, but the intent to kill the child wasn’t there either.” Searle also said more details as to what actually happened would come out at sentencing, adding that Nikolai was dropped more than once.

At the plea hearing, Emelyantsev told Judge Mark Kouris that she had dropped Nikolai twice—once on a bag of diapers and again on a hard-surface floor.

Additional child abuse charges against Emelyantsev and Fyodor regarding suspected abuse of another of the couple’s children—a 4-year-old Down syndrome son adopted from Russia—were dismissed after further review and due to insufficient evidence.

At one point, a Tooele County Attorney Doug Hogan described diagnostics as tools that helped determine whether a person could benefit from treatment and how recommended treatment could inform whether a judge would incarcerate someone or place them in county jail.

Witness and court communications

Judge Mark Kouris said he had been approached by a few family members wishing to speak on behalf of the deceased child at Emelyantsev’s sentencing, but that all requests must be submitted in writing to the Tooele County witness/victim coordinator, detailing what the individual would say at the hearing.

Sentencing

Emelyantsev was ordered to complete a 60-day psychological diagnostic before being sentenced.

Emelyantsev’s diagnostic was to take place at the Utah State Prison. At sentencing proceedings, she was credited for the 214 days she had already served and was recommended to attend all available treatment.

At sentencing, Tooele County Attorney Doug Hogan argued for prison. Hogan said: “There is no one more defenseless than this child was.” Hogan asked the court to follow the recommendations made in the diagnostic report and send Emelyantsev to prison, saying that the possibilities for rehabilitation were greater at prison.

Hogan also stated: “The version that came out during the diagnostic is far more chilling,” and added that it fit better with the injuries sustained.

Emelyantsev told Judge Mark Kouris she was sorry, stating: “What I did caused the death of my son,” and: “I will never get over that, ever. I’m ashamed. I would just like you to know, sir, that I am truly sorry. But sorry will never bring him back.”

Judge Mark Kouris stated that he looked at three things: community safety, rehabilitation and punishment. He also said: “I have to make sure you getting the help you need,” and: “It’s one thing to walk away [from a difficult child] and another to do this,” and: “I understand you weren’t in the right frame of mind, but it caused the funeral of a little baby.”

Kouris sentenced Emelyantsev to one to 15 years in prison. Kouris also said: “As terrible as this is, there is going to be life on the other side of this.”

Appeals

No appeals were described.

Outcome

Emelyantsev was sentenced to one to 15 years in prison on October 13, 2008.

Fyodor Emelyantsev was to be released from custody.

Aftermath

Hogan said Emelyantsev and her husband Fyodor were both relinquishing their parental rights to their four remaining children: a 10-year-old Down syndrome daughter from Kimberly’s previous marriage, their two biological children ages 5 and 2, and a 4-year-old Down syndrome son they adopted from Russia last Christmas. Hogan said the children were currently being cared for by family members.

Defense attorney Jon Williams said Emelyantsev blames what happened on the circumstances at the time and a husband “who would not participate in an extraordinary familial situation.”

Timeline

• March 6 — Kimberly Emelyantsev made a 911 call reporting that her son Nikolai was experiencing breathing problems; officers responded and found Nikolai unresponsive and breathing shallowly with bruising and discoloration to the child’s face.
• March 7 — Nikolai died at Primary Children’s Medical Center.
• March 10 — Emelyantsev was arrested after physicians at Primary Children’s Medical Center advised police Nikolai’s head injuries were due to blunt-force trauma and could not have been caused by a fall as described.
• June 20 — Emelyantsev pled guilty in 3rd District Court to a lesser charge of second-degree felony child abuse homicide as part of a plea deal.
• August 12 — Emelyantsev was ordered to complete a 60-day psychological diagnostic before being sentenced in 3rd District Court.
• October 13 — Emelyantsev was sentenced to one to 15 years in prison.

Other details

Judge Mark Kouris issued sentencing remarks that addressed community safety, rehabilitation, and punishment and recommended that Emelyantsev attend all available treatment. Hogan asked the court to follow diagnostic recommendations, and Kouris applied the sentence with credit for 214 days already served.

In court discussion, Searle said: “In our plea negotiations with the defense, we found out that [the case] fit better under a reckless charge rather than intentional.”

Lt. Paul Wimmer said: “It was the severity of the fracture that caused alarm and made it so suspicious.”