CEDAR CITY – A 27-year-old Cedar City man was arrested Friday on an array of charges after leaving his 11-month-old baby in a hot car before passing out drunk in his home, assaulting his girlfriend and fighting with police.
Officers responded to a domestic assault in the area of 700 West and 1300 South in Cedar City, according to a probable cause statement written by Cedar City Police Officer Matt Topham in support of the arrest.
Cody W. Oshley’s girlfriend told police that Oshley had gotten in his car and left the home with their two small children. But when Oshley returned home, according to the statement, he brought the 4-year-old child into the house, yet left the 11-month-old baby in the car with the windows rolled up, the vehicle off in outside temperatures of 97 degrees.
A little while later, the statement said, the baby’s mother returned home and found Cody passed out in the home.
“She asked him where the 11-month-old child was,” Topham wrote in the statement, “he stated ‘right there’ and pointed to the empty floor. She was then very concerned and began to look for the child. The child was found a few minutes later in the vehicle pouring sweat from his little body.”
The mother brought the baby boy inside to take care of him and began to pack a bag to leave with her children. According to the statement of probable cause, this angered Oshley and he became aggressive towards her, punching her in the back of the neck.
As Oshley raised his fist to strike the mother again in the back of the head, another man in the home grabbed Oshley and wrestled him to the ground where he restrained him until officers arrived.
When police arrived, the statement said, Oshley “appeared to be passed out on the floor” with an extremely strong odor of alcohol on his breath and person, and they placed him in handcuffs.
“He was breathing yet unresponsive,” Topham wrote in the statement. “I then conducted a sternum rub on his chest and he opened his eyes and yelled ‘F— You Pig.’ He then kicked me as hard as he could from his position on the floor.”
As officers pulled Oshley’s legs to his chest and held him on the ground to prevent him from kicking them again, the statement said, Oshley began to spit at them.
“I turned my head as I could not let go of him and he spit at me,” Topham wrote. “His spit struck me in the side of the face and then went past me and struck Officer Pollock and another male in the home.”
According to the statement, Oshley was yelling and cursing in a belligerent manner, and when Topham told him they were law enforcement and to stop resisting, Oshley’s reply was: “I don’t care f—— pig I will kick your f—— a–.”
Officers then placed a spit sock over Oshley’s head and transported him to the hospital for medical clearance, according to the statement. There he defecated on himself and continued to curse in a belligerent and disorderly manner while in the presence of other hospital patients despite requests and warnings to stop.
Oshley was then transported to the Iron County Jail and booked on 13 different charges, including: two third-degree felonies for assault by a prisoner; four class A misdemeanors for assault against a police officer and propelling a substance at an office; five class B misdemeanors for reckless child abuse, assault, domestic violence in the presence of a child and interfering with an arrest; as well as two class C misdemeanors for disorderly conduct and intoxication.
Judge Keith Barnes, of the 5th District Court in Cedar City, ordered Oshley’s bail for his release pending trial set at $20,000 during his initial court appearance Tuesday.
Oshley was found indigent by the court and will be represented by court-appointed attorney Jack Burns.
He is scheduled for a preliminary hearing July 8.
Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.
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