Deseret News

Wednesday, November 21, 2001

Wayment kin sue searchers

5 counties accused of negligence in search for toddler

By Pat Reavy Deseret News staff writer

The family of Paul Wayment and his son Gage have filed claims against searchers who did not find 2-year-old Gage before he froze to death last year. Paul Wayment committed suicide after being sentenced to jail for negligent homicide in his son's death. The family is accusing searchers of being negligent in their efforts to find Gage and are seeking more than $2 million in damage for the deaths of father and son. Carol Wayment, Paul's mother, is seeking more than $1 million for the deaths of her son and grandson. Another claim filed by Brenda Harrison, Gage's mother, who is listed in litigation documents as the representative of the estate of Gage Wayment, is seeking more than $1 million for the death of her son. Gage disappeared Oct. 26, 2000, after his father had taken him into the Chalk Creek region in the mountains above Coalville. Paul was scouting for deer and left Gage alone in his truck for about 45 minutes, according to investigators. During that time, Gage managed to get out of the truck and walk away. A volunteer searcher found his body five days later, curled up in a fetal position. The feet on Gage's pajamas were worn through. The cause of death was determined to be hypothermia. On July 17, 2001, Paul, 38, was sentenced to 30 days in jail for negligent homicide. He was ordered to report to the Summit County Jail the next day to begin serving his time. Instead, Wayment drove immediately from the courthouse to the area where the search for his son had taken place nine months earlier and committed suicide. In litigation papers received Oct. 29 by the Salt Lake County clerk's office, Summit, Wasatch, Salt Lake, Weber and Davis counties, and the sheriff's offices of each county, are listed as the responsible parties. Billy A. Stokes, head of the Summit County Search and Rescue team, is also listed in the claim. In the notice of claim filed by Carol Wayment, Gage and Paul's deaths could have been prevented if not for the "negligent conduct on the part of the above-named responsible parties and their employees." Carol Wayment accuses the searchers of not using established and well-known search-and-rescue techniques or properly trained dogs. Precious time was wasted by crews focusing their efforts establishing a potential crime scene rather than conducting a search, according to the claim. The subsequent prosecution of Paul Wayment "also gives rise to a cause of action against Summit County for abuse and process and selective prosecution," according to the claim filed by Carol Wayment. Summit County Sheriff's Lt. Joe Offret said his department was referring all comments to the county attorney's office, which did not return Deseret News calls by press time. Weber County Sheriff Brad Slater said he was puzzled as to why his office was listed, noting that his office never participated in the search. Salt Lake County Sheriff's Sgt. Shane Hudson said Wednesday he had not seen the claim and did not want to comment. Davis County Sheriff's Office officials said they were unaware of the claim being filed. "Until we've had a chance to look at it and read it, we can't comment on it," Lt. Dan Horton said. If the responsible parties refuse to pay the claim, the matter could be taken to court in a civil lawsuit.

-- Anonymous, November 24, 2001