On October 2, 2008, at 3:54 p.m., the Sioux Falls Police Department responded to a medical emergency at a Sioux Falls residence. It was reported that there was an infant there that was having difficulty breathing.

The child was transported by ambulance to a Sioux Falls hospital. Further medical review indicated that the four- (4) week-old child had severe injuries and was admitted to the ICU with these life threatening injuries. The child’s injuries indicated that they were inflicted by another person. The investigation throughout the night subsequently led to an arrest warrant being issued with a $500,000 cash only bond.

On October 3, 2008, at 5:05 p.m., the victim’s father was arrested at his residence on this warrant:

• Utkarsh (first name) Vijayvergiya (last name), 28-year-old male, and Sioux Falls resident.
• One count of Aggravated Assault (Felony)
• One count of Abuse and Cruelty to a Minor (Felony)