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Court documents: Girl drowned in tub when dad went to grab cigarette from van

Posted at 2:22 PM, Jun 09, 2016
and last updated 2016-06-09 14:22:50-04

MUSKEGON, Mich. — Details surrounding the drowning death of a 14-month-old girl are coming to light Thursday in newly obtained court transcripts.

Justin Smutz has been charged with murder and second-degree child abuse after police say his daughter, Adalynn Smutz, died May 25 in the family’s Muskegon home.  Officials say the girl and her 2-year-old brother were left unattended in a bathtub.

According to a probable cause affidavit, a Muskegon County detective testified that Smutz told responders on scene that he left the children unattended in the tub “to get a cigarette out of the van.”

The detective also noted that the bathtub was on the second floor of the home, while the van was out front in the driveway. After returning from his van, Smutz told police that he found his daughter “laying on her side, head submerged, and non-responsive in the tub.”

Smutz allegedly attempted CPR on her unsuccessfully a few times before calling 911, at which time they directed him to continue doing so. Paramedics eventually arrived and pronounced the girl dead.

Smutz reportedly told police on scene that he had filled the tub with about 10 inches of water.

Investigators say Smutz previously has been convicted of several domestic violence charges and other crimes.

Court documents also indicated that the City of Muskegon had taken complaints of child neglect on both May 16 and May 24; a 2-year-old boy was reportedly found wandering the street in the area of the Smutz residence in both instances.

It’s not clear if Smutz has an attorney. His next court hearing has been scheduled for June 16.