ST. GEORGE — A woman charged with multiple counts of child abuse after two severely malnourished children bound in Duct tape were found at a home in Ivins entered a plea on Monday.

The defendant, Ruby Franke, 41, enters the courtroom and is represented by Defense Attorney Lamar Winward during a waiver hearing held in 5th District Court in St. George, Utah, Dec. 18, 2023 | Court pool photo, St. George

Ruby Franke, 41, of Springville, the first of two defendants in the case, appeared for a preliminary waiver hearing on Monday at 5th District Court in St. George. The state was represented by Washington County Attorney Eric Clarke and Prosecutor Ryan Shaum, and Franke was represented by defense attorney Lamar Winward.

During the hearing held before District Judge John J. Walton, Winward said his client would be waiving the preliminary hearing and had signed a plea agreement wherein she pleaded guilty to four second-degree felony counts of aggravated child abuse. The two remaining counts of the same charge were dismissed under the terms of the plea agreement.

Franke, a mother of six, and her codefendant, 54-year-old Jodi Ann Hildebrandt, of Ivins, were each charged with six counts of aggravated child abuse following the pair’s arrests in connection with an Aug. 30 emergency call about a malnourished boy who showed up at an Ivins residence asking for food and water.

A search of Hildebrandt’s nearby residence revealed a second younger child, who was also found in a malnourished condition.

The incident 

On the morning of Aug. 30, the St. George Communications Center received a report that an adolescent had climbed out of the window of an Ivins residence and run to a neighbor’s house, as previously reported by St. George News. Responding officers described the 12-year-old boy as being in a “severe” state of malnourishment. Authorities also found open wounds and deep lacerations caused by what appeared to be rope that reportedly was used to tie him to the ground.

File photo shows a side-view of Jodi Hildebrandt’s residence on Tawgoo Court from Uwan Drive in Ivins, Utah, Sept. 6, 2023 | Photo by Cody Blowers, St. George News

During the initial search, officers located what was described as a “panic room” underneath the garage of Hildebrandt’s home, according to 911 recordings captured at the time. Then, during a sweep of Hildebrandt’s residence, authorities found a second child in a similar malnourished state. Both children were transported to the hospital by ambulance.

Franke, the children’s mother, who lived in the home with Hildebrandt and co-hosted the now-deactivated YouTube channel ConneXions, was reportedly seen in a video filmed in a downstairs room two days before the 911 call. This led investigators to suspect the defendants were aware the children were being abused, starved and neglected. Investigators say they later learned Franke used the ropes to keep the children tied to the ground.

A comprehensive summary of the case and additional background of both defendants was included in a report published Sept. 21 by St. George News.

Following the children’s recovery, both women were interviewed by police, during which Franke declined to speak to officers and requested an attorney. Hildebrandt also declined to speak with investigators, but once she was informed of the charges, she told police the two rescued children “should never be allowed around any other kids.”

The two children found in Ivins, as well as two more of Franke’s children have been in the custody of child protective services since the arrests.

Both defendants face multiple charges

The cases were filed and each of the defendants was charged with six second-degree felony counts of aggravated child abuse. Franke and Hildebrandt made initial appearances in 5th District Court via video on Sept. 8, where newly appointed District Judge Eric R. Gentry presided over the proceedings.

The state was represented by Clarke, while Franke was represented by Winward. Hildebrandt was represented by defense attorney Douglas Terry. During the proceedings, the defense attorneys waived the reading of the charges and the judge ordered that both defendants remain in jail without bail.

The cases were then transferred to Walton, who was set to preside over all future proceedings relating to the two cases.

A review hearing in both cases was originally scheduled to take place  Sept. 18 but was then continued to allow the defense enough time to review the “copious amount of discovery” gathered in the cases, which included evidence collected from cellphones, cameras and other digital and communication devices belonging to both Hildebrandt and Franke.

Franke’s plea

During the hearing on Monday, the judge asked the defendant for her plea to each of the four charges. Seconds before entering her plea to the final charge, Franke said, “With my deepest regret and sorrow for my family and my children — guilty.”

Winward said the sentence would be left up to the court to decide, adding there would not be any arguments as to whether a prison term would be the appropriate sentence in the case or if the counts would run consecutively. 

“We are not binding the court to any specific sentence and the court retains its right to sentence as it sees fit,” Winward added. 

The judge then ordered that a presentence investigation be completed before sentencing, which Walton said would take place Feb. 20 in 5th District Court in St. George.

Hildebrandt is scheduled to make an appearance for a preliminary-waive hearing on Dec. 27, and both defendants have been held without bail since their arrests and remain in custody at the Purgatory Correctional Facility facility located in Hurricane.

This report is based on statements from court records, police or other responders and may not contain the full scope of findings. Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Copyright St. George News, SaintGeorgeUtah.com LLC, 2023, all rights reserved.