Ninomiya is also being investigated on suspicion of attempt to commit child abuse knowing and reckless to cause death, and attempted child abuse knowing and reckless causing serious bodily injury, according to an arrest affidavit in the case.
The pair were taken to local hospitals last week after being rescued by emergency responders with the Denver Fire Department. The boy remains in critical condition, police said on Wednesday. Ninomiya called 911 at about 4:15 p.m. on Jan. 12 seeking help but was unable to give a clear location of where they were in the water, according to the affidavit.but found the pair in a fenced-off drainage culvert in the High Line Canal, near South Boston Street and East Cornell Avenue near Hentzell Park. Both Cherry Creek and the High Line Canal flow through the area.
The boy’s mother told an investigator that Ninomiya took the child out the day of the incident and pair was going out on an “adventure,” as they’ve done in the past, mostly hiking, according to the heavily-redacted affidavit. Ninomiya sent two photos of the outing that afternoon, but then the boy’s mother couldn’t reach him by cellphone late in the afternoon as dusk approached and she began to worry.
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