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Judge rejects plea deal, sentences Polson man to 15 years for child's death

JEFF SMITH | Hagadone News Network | UPDATED 12 hours, 38 minutes AGO
by JEFF SMITH
Jeff Smith is news director for Anderson Broadcasting and a contributor to the Lake County Leader. | September 20, 2026 12:00 AM

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 pleaded guilty to felony negligent homicide in the 20th Judicial District Court on July 23. 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.

But visiting Judge Kaydee N. Snipes-Ruiz of the 12th Judicial District Court, who presided over Orozco-Charlo's sentencing, 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 reported that Orozco-Charlo was drinking heavily on Sept. 29, 2021, and into the morning hours of Sept. 30, court documents alleged. One witness said that Orozco-Charlo stopped by their house at about 4:15 a.m., Sept. 30 and appeared “sloppy drunk,” according to court documents.

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 and “stuffed” her between the cushion and back of the couch, according to court documents.

The child was unresponsive, and Orozco-Charlo said he attempted to elicit a response from her by saying her name and shaking her, according to court documents.

At 2:52 p.m., he went to the neighbors' house saying the child was breathing “weird,” court documents said. 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 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 his sentencing.

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