The father accused of forcing his three young children on a treacherous mountain hike that left one child near death appeared in a Utah courtroom Wednesday, where he waived his right to a preliminary hearing, setting the stage for a trial that will examine whether he is a negligent parent or a deliberate abuser.
Mike Smith, 32, faces charges of aggravated child 𝓪𝓫𝓾𝓼𝓮 and child torture after allegedly leading his 8-year-old daughter, 4-year-old son, and 2-year-old son on a harrowing, nine-mile trek up Big Cottonwood Canyon in October 2025. The hike, which prosecutors describe as a near-impossible ordeal, ended with the children stranded overnight in a brutal storm, with the 4-year-old suffering a stroke and requiring emergency brain surgery.
In court, Smith, dressed in jail attire, quietly answered the judge’s questions, confirming he understood his rights before waiving the preliminary hearing. His attorney entered a not guilty plea on his behalf, and a pre-trial conference was scheduled for August. The brief proceeding offered no new testimony, but the chilling details already on the record paint a devastating picture of the events.
According to charging documents, Smith ignored repeated pleas from his children to turn back as clouds rolled in and temperatures plummeted. His 8-year-old daughter told investigators she asked to go home, but Smith allegedly replied, “You shall not pass,” and insisted the hike was a “once-in-a-lifetime” experience. Video evidence from Smith’s phone shows the children struggling, complaining of cold, and asking if they would freeze to death.
The storm hit fast, bringing snow, hail, and rain. The family became lost in thick brush and rugged terrain, far from the marked trail. As night fell, Smith allegedly told the children to remove their wet clothes and huddle together for warmth. The 4-year-old stopped breathing multiple times, and Smith performed CPR for hours, according to his own statements to police.
At some point, Smith made the decision to leave the children alone on the mountainside to go find help. He taught his 8-year-old daughter how to perform CPR and instructed her to continue the efforts on her brother while he was gone. When search and rescue teams finally located the family, they found the 4-year-old unconscious and lifeless, with no detectable pulse.
Rescuers described the scene as desperate. The children were in a location so difficult to reach that helicopters had to hoist them out. The 4-year-old was rushed to the hospital, where he suffered a stroke and had part of his skull removed. Prosecutors say he will never fully recover. The 2-year-old also required medical treatment, and the 8-year-old was treated for severe exposure.
Smith’s behavior after the rescue has only deepened the controversy. Court documents reveal that he was trespassed from Primary Children’s Hospital after allegedly interfering with his son’s medical care, specifically tampering with a tube placed in the child’s head. Hospital staff repeatedly told him to stop, but he reportedly did not listen.
The case has also been rocked by a prior police encounter. Body camera footage from just one week before the hike shows Smith pulled over on the side of the road, with loaded firearms in his truck. He told the officer he was going through a “really hard time” because his wife had cheated on him. He expressed a desire to “hike till I can’t hike no more” and claimed to be a “ninja” capable of handling the dangerous weather.
The officer noted that Smith had no license plate, no registration, no insurance, and bald tires on his vehicle. The truck was towed. Smith was allowed to leave on foot, but the incident raised immediate red flags about his mental state and judgment.
Despite the mounting evidence, Smith has not lost all support. His brother, Jeremiah Smith, submitted a letter to the court in March, describing Mike as a “deeply committed family man” who loves his children and is a dependable contractor. The letter asks for understanding and a fair opportunity for Smith to continue supporting his family.
The brother’s statement stands in stark contrast to the allegations from prosecutors, who argue that Smith’s actions were “intentional and selfish,” leaving his children in grave danger. They point to the fact that Smith did not check the weather or trail conditions before the hike, ignored his wife’s text messages urging him to return, and continued upward even as his children begged to stop.
A judge has already ruled that Smith must remain in jail until trial, citing his continued danger to his children, his wife, and himself. The prosecutor noted that Smith has also been charged with domestic violence for allegedly attacking his wife with a hatchet during an argument, adding another layer of concern to his already troubled profile.
The case has drawn international attention, with a GoFundMe page originally set up to support Smith raising over $60,000 before being taken down as the true nature of the allegations emerged. The fundraiser had described Smith as a hero who “bravely sacrificed himself for his children,” a narrative that has since been shattered by the evidence.
As the legal process moves forward, the key question remains: Was this a tragic mistake by an amateur hiker, or was Smith deliberately trying to harm his children? The answer will be determined by a Salt Lake County judge and jury, who will weigh the testimony of the children, the search and rescue teams, and the forensic evidence.
For now, Smith remains behind bars, his family torn apart by the events of that single, devastating day. The pre-trial conference in August will set the timeline for what promises to be a deeply emotional and closely watched trial. The children, particularly the 4-year-old who nearly died, face a long road to recovery, both physically and emotionally.
The community is left to grapple with the horror of what happened on that mountain, and the haunting question of how a father could leave his children to fend for themselves in the dark, cold, and storm. The answer, when it comes, will not bring back what was lost, but it may provide some measure of justice for the children who survived.
