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BOX ELDER COUNTY ATTORNEY’S OFFICE DECLINES FELONY CHARGES IN MERRELL CASE AFTER INDEPENDENT MULTI-A

Box Elder County
1 South Main Street
Brigham City, Utah, 84302

FOR IMMEDIATE RELEASE
August 7, 2026

BOX ELDER COUNTY ATTORNEY’S OFFICE DECLINES FELONY CHARGES IN MERRELL CASE AFTER INDEPENDENT MULTI-AGENCY REVIEW 

BOX ELDER COUNTY, UTAH — Following a comprehensive, multi-agency review, the Box Elder County Attorney’s Office (BECAO) has declined to charge Brigham and Melinda Merrell with child homicide or child torture in connection with the September 2025 death of their 11-year-old child.

This decision is based on a lack of sufficient evidence to prove those charges beyond a reasonable doubt. The decision was reached following reviews by the BECAO Office (including five prosecutors, one investigator, and three victim advocates), a homicide team with the Weber County Attorney’s Office (including four prosecutors, two detectives, and two crime scene investigators), Vince Meister (a senior prosecutor at the Salt Lake District Attorney’s Office, and member of the state’s cold case review board), and Dr. Antoinette Laskey (a medical expert in child abuse). All reviewing parties independently and unanimously concluded that the available evidence does not support findings of child homicide or child torture. Specifically:

  • In-home video and the 911 audio do not substantiate child homicide or child torture.
  • The ligature marks on the child’s neck were consistent with the coaxial cable and the manner of death reported by the family.
  • No evidence showed a motive, signs of a struggle, or physical altercation.
  • Forensic interviews conducted with the Merrell children did not implicate the parents.
  • The prosecution’s case was impeded by an assisting law enforcement agency’s loss of the original memory cards containing video footage from inside the home.

The Tremonton Garland Police Department (TGPD) made a warrantless arrest of the Merrells on May 6, 2026, based on the probable cause affidavit. Prosecutors were required to file charges by the fourth day after the arrest or the Utah Rules of Criminal Procedure required them to be released from custody. Due to the complexity of the case, the insufficiency of the evidence, and the need to review reports that had not yet been provided (including the Medical Examiner’s Report, which had not been completed), the Merrells were released from custody. 

Since that time, BECAO has conducted a thorough evaluation of the evidence provided and requested independent reviews before making a final charging determination. This comprehensive, collaborative review led BECAO to disagree with many of the statements contained in the probable cause affidavit supporting the arrests. Based on these findings, and with the unanimous agreement of the independent reviewers, BECAO determined that there is insufficient evidence to prove the charges of Child Homicide and Child Torture.  

The matter will now be referred to the Tremonton Justice Court prosecutor to review the case for lesser charges, if applicable.

Since the arrests, BECAO and TGPD have worked to improve communication and remain committed to collaborating on behalf of the community. The Box Elder County Attorney’s Office extends its gratitude to the Weber County Attorney’s Office, Prosecutor Vince Meister, and Dr. Laskey for their assistance in this comprehensive review. We express our deepest, heartfelt sympathy to all those affected by the loss.


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Media Contact
Lynnette Crockett
Public Information Officer
435-740-7590

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