A Polson man was sentenced Sept. 11 to the Montana State Prison for 15 years with seven years suspended for causing the death of a child.

Estevan Orozco-Charlo, 29, had entered a plea of guilty in Polson District Court July 23 to felony negligent homicide. The plea was part of an agreement that came with a joint recommendation of 10 years in the Montana State Prison with five years suspended. It also recommended Orozco-Charlo undergo a chemical dependency evaluation and enroll and complete parenting, CPR and first-aid training.

Visiting Judge Kaydee N. Snipes-Ruiz of the 12th Judicial District was presiding for his sentencing hearing and rejected the plea agreement. She gave Orozco-Charlo the option of withdrawing his guilty plea and taking the case to trial or accepting the 15-year term. He took the 15 years, and the judge added a five-year parole restriction.

According to court records, on Sept. 30, 2021, Orozco-Charlo was babysitting a 14-month-old girl. While in his care, the child suffered physical trauma that resulted in her death.

Witnesses say that Orozco-Charlo was drinking heavily on Sept. 29, 2021, and into the morning hours of Sept. 30. One witness said that Orozco-Charlo stopped by their house at about 4:15 a.m. Sept. 30 and appeared “sloppy drunk.”

Orozco-Charlo said the child was sleeping on his chest at around 2 p.m. when he fell asleep, and that when he woke at about 2:15 p.m., he rolled onto his chest and on top of the child, who was under him, and “stuffed” her between the cushion and back of the couch.

The child was unresponsive, and Orozco-Charlo said he attempted to elicit a response from her by saying her name and shaking her. He admitted he may have gotten “a little rough.”

At 2:52 p.m., he went to the neighbors' house saying the child was breathing “weird.” The neighbors came to where the child was and immediately called 911. Ambulance crews arrived at 3:03 p.m. and transported the child to Providence St. Joseph Medical Center in Polson, a very short distance from the apartment complex where the child was staying.

The child was later airlifted to Sacred Heart Children’s Hospital in Spokane. The decision was made to terminate life support for her at 12:04 a.m. Oct. 2, 2021, and she died a short time later.

Orozco-Charlo began serving his time immediately after the sentencing hearing.