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When Sullivan went downstairs she found the baby wearing only a diaper while Kitzmiller moved the boy's legs "in a rough weird bicycle thing." The man told Sullivan the boy would be fine and to just put him to sleep.
She picked him up and he seemed calmer, but later that night she heard the boy making noises and gasping for air.
She said he once threw the baby back and forth between his hands and also slapped him in the face and would bite his hands.
Charging documents state Sullivan was aware of the injuries but never sought medical care for her son.
Salt Lake County District Attorney Sim Gill said while they don't suspect Sullivan caused any of the abuse directly, she still faces a murder charge.
The sister was the one who called 911 and said James chased her out of the home.A doctor examined the boy and found he had lost 14 percent of his body mass in weight in the 13 days since his birth, going from 5 pounds 6 ounces to 4 pounds and 8 ounces at death. The boy also suffered a spinal fracture and a broken rib along with a "massive" amount of swelling in his brain.Warrants have been issued for the arrest of both Sullivan and Kitzmiller.On the day of the child's death, Sullivan told police she was on the phone with a friend and speaking about her desire to "get away from Kitzmiller's abuse" of her and her son.As this call was occurring, the baby was in Kitzmiller's sole care.