Ogden • The father and older brother of a Utah boy who was abused and neglected for years, leading to his death last summer, pleaded guilty to all counts last week as part of a plea deal.
That leaves just one more case related to 12-year-old Gavin Peterson’s death to resolve: the boy’s stepmother, Nichole Scott.
Scott appeared in court on Thursday — shackled and wearing a neon orange jail jumpsuit — for a brief status hearing that set future court dates in her case. Her defense attorney, Randall Marshall, told The Salt Lake Tribune “we are negotiating, but there is no deal.”
Gavin’s father, Shane Peterson, pleaded guilty last week to all counts — first-degree reckless child abuse homicide, three counts of aggravated child abuse and endangerment of a child or vulnerable adult.
In exchange, prosecutors agreed not to amend his charges to include a more severe offense of murder or aggravated murder. He will serve consecutive prison sentences, as stipulated by the deal.
Gavin’s brother, Tyler Peterson, pleaded guilty with a mental condition to all of his counts, which included one first-degree charge of reckless child abuse homicide, two aggravated child abuse charges and one obstruction of justice charge.
Second District Judge Camille Neider ordered that Peterson be evaluated so she can decide whether he should serve his sentence in prison or in a treatment facility, or some combination of the two. State law says a judge can delay a sentence for up to one year if they believe the defendant would benefit from treatment or other supervision.
While the father remains in jail awaiting sentencing, Tyler Peterson was released after entering his plea. His agreement did not indicate whether his sentences would run consecutively or concurrently, meaning at the same time.
Attorneys representing Tyler and Shane Peterson did not respond to The Salt Lake Tribune’s request for comment. The Weber County Attorney also did not respond.
Scott has been charged with a single count of first-degree reckless child abuse homicide, two counts of second-degree aggravated child abuse, two counts of second-degree obstruction of justice, one count of third-degree endangerment of a child or vulnerable adult and one misdemeanor drug charge.
Boy had been abused for years, investigators say
Charging documents accused the family members of abusing Gavin for years, including keeping him locked in a bedroom without access to food, water or a toilet that they monitored with security cameras.
Text messages between the three indicate they gave him ⅓ cup of water to drink each day and only a piece of bread with mustard to eat. Sometimes, the charging documents state, Gavin was not given any food.
Screenshots of security footage found on Scott’s phone show Gavin alone in the room, wearing only a “heavily saturated diaper.” Sometimes, investigators wrote, the images showed Gavin “curling up on the carpetless floor” without bedding or blankets.
The three also sent texts about beating Gavin, “even using a pinata stick to do so,” the documents state.
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Gavin died July 9 at the hospital where he was taken after one of the three called 911 to report the boy was unconscious after he had been vomiting and having seizures for several days.
A medical examination found that Gavin died after having been starved for so long his organs shut down.
It’s not clear exactly how long Shane or Tyler Peterson will spend in prison. Utah law stipulates indeterminate sentences based on the severity of the offense.
First-degree felonies that aren’t capital offenses are punishable by five years to life in prison, while second-degree felonies are punishable by one to 15 years, and third-degree felonies are punishable by zero to five years.
Given that Shane Peterson agreed to consecutive sentences for the counts he pleaded guilty to, he will spend at least eight years in prison, though the Utah parole board will ultimately decide how long he serves and has the power to keep him in prison for the rest of his life.
A ‘complicated family history’
Since Gavin’s infancy, state officials had received reports about his family members concerning either suspected abuse against Gavin or the other children, according to information released by the Division of Child and Family Services.
Gavin, according to the division, had a “complicated family history.” His biological parents were separated, and authorities had been called to both parents’ homes over the years for reports of abuse.
Between May 2019 and May 2023, the division received seven calls to report possible abuse concerning Gavin while he lived at his father’s home, including calls from staff at the public school he attended. These calls resulted in three open cases — none of which led to state intervention.
Then Gavin’s parents pulled him out of school under the auspices of homeschooling him. The reports stopped, and DCFS officials didn’t hear anymore about him until July 9, 2024, the day he died.
Shane Peterson’s sentencing is scheduled for May 6 at the 2nd District courthouse in Ogden.
A sentencing hearing for Tyler Peterson has not yet been set. Instead, a hearing discussing his evaluation for mental health treatment to help determine his sentencing is scheduled for April 24.
Scott is scheduled to appear for another status hearing that same day, and her preliminary hearing is scheduled for June 17.
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