FARMINGTON — Nathan Sloop held a tissue in his shackled hands, wiped away occasional tears and kept his head held low, looking down for most of his brief court appearance Friday.
His wife and co-defendant Stephanie Sloop looked very intimidated as she walked into the courtroom, not saying a word and only at one point writing a message to her attorney on a note pad.
"She's very emotional and having a difficult time," defense attorney Julie George told the court.
The newlywed Layton couple accused of killing Stephanie Sloop's son, 4-year-old Ethan Stacy, made their first court appearance Friday. Davis County Attorney Troy Rawlings announced earlier that his office is not yet ready to file formal charges against the couple.
He noted, however, that he hopes to eventually file aggravated murder charges against both Ethan's mother and his stepfather.
Nathan and Stephanie Sloop appeared separately in court. They walked in before a standing-room-only courtroom that included nearly a dozen bailiffs, several reporters and more than a dozen members of the group Bikers Against Child Abuse, as well as concerned members of the public.
Also in the courtroom was Nathan Sloop's mother, Pam Sloop, who was escorted out a back door after the hearing to avoid reporters.
Nathan Sloop, wearing a red jail jumpsuit, spoke only twice, saying a barely audible, "Yes, your honor" when asked if he could not afford a lawyer and if he agreed to waive his right to bail at least until his next court hearing on May 28. Stephanie Sloop, also wearing a red jail jumpsuit, agreed to the same stipulations.
Both lawyers for the Sloops asked 2nd District Judge David Connors, at the request of their clients, to restrict access to them to their lawyers and family members only.
"People are trying to get in and see her who have no connection to the case," George said of Stephanie Sloop.
Defense attorney Todd Utzinger added that Nathan Sloop had received more than a dozen interview requests from the media, but he has no interest in talking.
During his hearing, Utzinger said it would be in his client's interest to be denied bail while charges were being considered and his client may actually "benefit" from the discovery of additional evidence.
As Nathan Sloop was led out of the courtroom, he gave a quick glance around the room, finally focusing on a back aisle where his mother was sitting.
Before the court hearing, Rawlings announced that prosecutors need additional evidence before filing charges — particularly a cause-of-death determination from the medical examiner.
While the Utah State Medical Examiner's Office has been working "feverishly," Rawlings said it needs to conduct additional tests that could take two weeks or more in order to determine which of Ethan's injuries may have caused his death and which injuries were inflicted on his body after he died.
Stephanie Sloop was not originally jailed for investigation of aggravated murder, but Rawlings said Friday he believes she was as equally culpable in her son's death as her husband. He pointed to a recently added subsection to the aggravated murder statute in the Utah law that allows for such a charge to be filed if another party is a "substantial participant" or "major participant" in the crime.
Ethan came to Utah less than two weeks ago to spend the summer with his biological mother, in compliance with a divorce settlement with his biological father, Joe Stacy, who lives in Virginia. Probable cause affidavits written by police when the Sloops were arrested said the boy suffered a progressive and systematic pattern of child abuse from Nathan Sloop.
Police say that on May 5, Nathan Sloop took Ethan into a back bedroom and severely beat him, leaving him with swelling around his jaw. The swelling to his face was so noticeable that the couple opted to leave Ethan in a bedroom and remove the door handle while they went to the Davis County Courthouse to be married. Investigators say the couple didn't want to take Ethan out in public for fear someone would report them.
Over the next few days, Ethan exhibited signs of possible head trauma, including vomiting, being lethargic, unresponsive and not eating, according to detectives.
On May 9, Mother's Day, Nathan Sloop found Ethan dead in his bedroom in bed.
In a horrific series of events that followed, Nathan and Stephanie Sloop attempted to hide Ethan's body and disfigured him to make it harder for police to later identify him, the affidavits state. The Sloops drove to Powder Mountain, where the boy was buried and other evidence was burned at the grave site.
On Friday, Rawlings cautioned the public to remember that the affidavits were accurate at the time of the arrests but were just a "microcosm" of the additional evidence that had been collected and continues to be gathered.
Rawlings said he wanted to be responsible in filing the correct charges.
"Make no mistake, we plan to file charges," he said. "We don't want to make any mistakes in our charging decisions."
Rawlings said he had spoken with Joe Stacy, Ethan's biological father in Virginia, and informed him Friday about the decision. He described Stacy as a "devastated man," but said he was appreciative of their decision to delay filing charges.
"My interest is you do it right and get it right," Rawlings said Stacy told him.
If the Davis County Attorney's Office is unable to obtain the evidence it needs to file charges of aggravated murder, then prosecutors will seek a lesser charge, Rawlings said. Until then, he asked the public to be patient.
"The investigation phase is not yet complete," he said. "I understand you want answers now. … It would be an injustice if we jumped the gun."
Referring to the investigation, Rawlings promised he would "make it as swift" as he could, "but it's not going to happen overnight."
A charge of aggravated murder carries three possible punishments: a death sentence, life in prison without the possibility of parole, or 25 years to life with the possibility of parole.
David Cole, with the Davis County Attorney's Office, said he and his staff would not consider whether to seek the death penalty until they determine if the Sloops will be charged with aggravated murder.
Rawlings praised the Layton Police Department for the "lightning speed" with which it brought a resolution to the case and its professionalism in dealing with Ethan's biological father. He also acknowledged the mass amount of phone calls and e-mails his office has received from concerned citizens. He said he received 150 e-mails in his private e-mail account alone Thursday. One elderly woman offered to donate her burial plot in Bountiful to Ethan.
"I feel a great responsibility as a prosecutor to do the right thing for the right reasons," Rawlings said.
Ethan's body will remain with the medical examiner until test results are completed and then will be turned over to his family, Rawlings said.
Outside the courtroom, a handful of residents who never knew the Sloops or Ethan but have been touched by the story gathered to show support, and some to express anger.
"They should be put through the hell they put this baby through," said August Teuscher of Clinton.
Teuscher carried a sign in the hallway with messages that included "Rest in peace, Ethan," and "We demand swift justice."
"Give them the punishment they deserve," she said.
Ogden residents Deana Castel and Sarah Sykes also never knew Ethan, but were moved to tears as they held their own young boys outside the courtroom.
"Our hearts go out to that little boy," Sykes said.
Castel said her wish would be to hold Ethan and let him know that not everyone is like his mother and stepfather.
About a dozen members of Bikers Against Child Abuse attended the hearing, arriving on their Harley motorcycles and wearing their black leather vests.
"Our goal is to empower children," said a member who identified himself only by his biker name of "Ish."
The bikers attended to be Ethan's "voice" in the fight against child abuse, he said, calling Ethan's death and any case of child abuse "ridiculous."
"It did strike a nerve with us, as they all do."
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