ST. GEORGE — The father charged in the 2021 death of a newborn infant recently appeared in a Beaver County courtroom for sentencing. The case against the infant’s mother charged with aggravated murder is still pending in the courts.
Joshua Lee Downey, 29, who was initially charged with first-degree felony aggravated murder shortly after his arrest, appeared in 5th District Court in Beaver on Tuesday for sentencing on second-degree felony manslaughter, a charge the defendant pleaded guilty to in Nov. 2023. The murder charge was reduced and one second-degree felony aggravated child abuse was dismissed in exchange for his guilty plea.
The charges were filed in connection with the death of a newborn after an autopsy revealed multiple fractures and traumatic brain injuries consistent with violent shaking. The death of the 23-day-old infant was then ruled a homicide, according to the report filed at the time of the arrest.
The mother of the infant, 33-year-old Tawna Steed, was also charged with aggravated murder on Oct. 20, 2021, and has yet to go to court.
The infant, Journey Lyric Lee Downey, was born at Beaver Valley Hospital on Aug. 27, 2021, and he died at the same hospital 23 days later.
The incident
On Sept. 19, 2021, emergency dispatch in Beaver County received a call reporting that a 23-day-old infant was not breathing. When officers and emergency medical personnel arrived at the apartment in Beaver, they found the infant unresponsive. The newborn was transported to Beaver Valley Hospital where he was pronounced dead shortly after arrival. The following day the remains were then sent to the medical examiner’s office for an autopsy to determine the cause of death.
On Sept. 22, the couple told officers they had been with their child at all times since he was born, other than a few brief moments. Downey denied ever hurting the baby, nor had he ever witnessed his fiancé or anyone.
On Oct. 12, the pathologist who conducted the infant’s autopsy told officials he found multiple healing rib fractures that had occurred on at least two occurrences based on bones that appeared to be in different stages of healing. He also found multiple brain hemorrhages, “which would have occurred by someone shaking the infant or some other type of blunt force trauma causing death.” The infant’s death was ruled a homicide.
Four days later, detectives reviewed the pathologist’s findings with the couple, which is when Downey became very emotional as he continued to deny “hurting or killing his child.” Steed, who also denied hurting the newborn, showed no emotion during the interview and told investigators Downey and their son “had a wonderful relationship.”
During a subsequent interview, Downey broke down and told detectives he had seen Steed shake their child vigorously two separate times in their apartment. He told officers he took the child away from her once, adding that the infant appeared to be “stunned,” and said the newborn’s condition improved once he took the baby outside.
Following both instances, Downey told investigators he took the baby to his parents’ home. Investigators were unable to speak with Steed who asked for an attorney. She was then placed under arrest and booked into Beaver County Correctional Facility.
Downey continued to deny having anything to do with the baby’s death and he was not charged at that time.
Developments in June of 2022 lead to second arrest
Nine months later, additional evidence emerged implicating Downey, who investigators determined had played a role in the baby’s death, as outlined in a 26-page motion filed by the state following his arrest.
The autopsy revealed the newborn suffered a “constellation of acute injuries,” including the fatal blunt force injury that was inflicted “around the time the infant presented at the hospital,” according to information provided during a preliminary hearing held in January.
The pathologist also reportedly found blunt force trauma to the head and torso that resulted in multiple fractures and hemorrhages to the newborn’s brain, optic nerves and retinal hemorrhages in both eyes. The pathologist also noted several contusions and bruising to the infant’s face, cheeks and nose and repeated multiple injuries in other areas, the pathologist noted.
Investigators learned that after witnessing his partner violently shaking the infant twice, Downey not only did nothing to protect the infant, but he “intentionally aided and encouraged.” He watched as the mother continued to give the baby Tylenol multiple times a day to mask the symptoms of the newborn’s distress, injuries and neglect — dosing the defendant later admitted to taking part in, the motion states.
As the newborn’s condition declined, the defendant watched as the baby struggled to eat, urinate and defecate, and even then, the state argued in the motion, Downey not only failed to seek medical help for the baby, but he went so far as to tell Steed to cancel the infant’s first doctor’s appointment to prevent the infant’s condition from being discovered.
The baby became more lethargic as his health continued to decline, until the morning of Sept. 19, 2021, when the newborn was found unresponsive. Despite continued resuscitation efforts, the baby was pronounced dead at the hospital.
Nearly 10 months after the infant’s death, Downey was arrested and booked into jail on July 14, 2022, and the case was filed by the Beaver County Attorney’s Office.
The state’s position during sentencing
During the hearing, Downey was represented by Rudy Bautista and Jonathan Nish, while the state was represented by prosecutor Leo Kanell, who said that while the case involved two defendants, it was the injuries inflicted upon the infant by Downey that ultimately proved fatal.
For an infant who was less than 3 weeks old who had no ability to stop any abuse on his own, the prosecutor said, it made the defendant’s actions especially heinous, atrocious, cruel and “exceptionally depraved.”
Kanell noted this is a case in which there is no one present in the courtroom to speak for the newborn.
“There isn’t anyone here to represent the baby or to tell the court they’re concerned about what happened to this poor little boy who lived such a short life,” the prosecutor said. “But the state is here right now, asking the court to take that into account. And if this baby’s life was cut short, it’s because of the actions of the defendant.”
The prosecutor advised the court that in addition to the manslaughter case, Downey had two other cases involving probation violations, including a violation on a previous misdemeanor child abuse case filed in 2015 that he was still on probation for.
The prosecutor asked that Downey be sentenced to the maximum on the manslaughter charge, as well as on each of the prior cases he violated and that he serve all three sentences in prison. The prosecutor requested that Downey not be given any credit for time served and asked the judge to run the sentences consecutively.
Defense describes the father’s loss
Nish, Downey’s defense attorney, said his client has taken responsibility for his actions and doing what he can to make things right. Nish said his client’s statements in the presentence report were poignant. In one, his client said, “I feel ashamed and horrible with myself. I can’t bear to look at myself in the mirror because I shook my baby to death.”
He continued by saying as difficult as it is to separate emotion when dealing with these types of cases, it is important for everyone to remember the defendant is a father who has suffered a loss. Despite him being the cause of that loss, that doesn’t make it any less real, the defense stated.
“This was his son, and there is a loss that goes along with that that’s greater than anything we’re going to see in this courtroom,” the attorney said.
Nish also said his client would not be making a statement, under his advice, and asked the court to consider the statement his client made in the presentence report.
In terms of sentencing, Nish said the more time his client spends in prison, the less likely the outcome will be a positive one. He said the state’s request that Downey not be given credit for time served “is unconscionable.”
He then asked the judge to run the sentences concurrently, which will allow the Board of Pardons and Parole to decide how long his client spends in prison. Nish closed by asking that Downey be given credit for time served.
The ruling
District Judge Ann Marie McIff-Allen presided over the proceedings and described the crimes committed in the case as “heinous,” given the suffering that was inflicted upon a 3-week-old infant, while investigators and court personnel continued to work diligently to seek justice for the baby, who, by the nature of the case, the court would never get to hear from.
Allen said Downey’s “absolute denials” delayed the case for the longest time as the defendant continued blaming others for what happened. Ultimately, the judge said, the defendant did take some responsibility.
“But it doesn’t erase the significant consequence this heinous crime demands,” the judge added.
The defendant was ordered to serve 1-15 years in Utah State Prison on the manslaughter charge. On the probation violation from the prior case, the judge ordered Downey’s probation be terminated and that he serve the maximum sentence on that case. She also ordered the sentences to be served at the prison consecutively.
Her recommendation, she said, would be that Downey not be given credit for time served.
While the length of time the defendant serves is ultimately left up to the Board of Pardons and Parole, the judge said the court’s recommendation was for the board to review the seriousness of the case when considering the defendant for parole.
The court’s recommendation will be that Downey serves out his entire sentence. Downey’s codefendant, Steed, is scheduled to appear for a change of plea hearing on March 4.
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