The case for a man sentenced to 364 days in jail and probation for felony sex crimes was postponed again on Monday as ongoing medical issues prevent him from reporting to the jail or appearing in court.
Daniel Gary Archibald, 44, pleaded guilty in December 2019 to five counts of second-degree sexual exploitation of a minor and a single count of class-A distribution of an intimate image. At the time of sentencing, a few months after his conviction, Archibald had an infection requiring a wound vacuum that was intractable for Cache County Jail staff; he was ordered to report to the jail in roughly one month or as soon as he received medical clearance from a doctor.
Over a year later, despite efforts to remand himself to jail custody, Archibald has still not served his sentence due to medical issues, and several hearings to address the alleged probation violations — which may land Archibald in prison instead of the county jail — have been continued.
On Monday, during a time set for Archibald’s hearing on the alleged violations, defense attorney Scott Sanders told the court Archibald had again been admitted to a hospital and wouldn’t be in court.
In the new year, Sanders said Archibald had spent an “equal split” of days in and out of the hospital.
“This is a 20 year (medical) issue that has plagued the defendant,” Sanders told the court.
Cache County prosecutor Griffin Hazard agreed to another continuance in the case, but told the court the state still intended to address the alleged violations in the future.
“They’re real medical issues,” Hazard said. “They’re serious medical issues.”
Cache County prosecutors and defense counsel have told the court multiple times of the opportunistic infection that has barred Archibald from moving forward in his cases. Documents filed with the court show Archibald has attempted to turn himself into the jail but has been turned away.
Archibald was initially charged in July 2019 with 15 felonies and misdemeanors. In an affidavit, police wrote at least 10 sexually explicit images of children were found in Archibald’s possession during the execution of a search warrant.
After entering into a plea agreement and being sentenced, according to a document filed with the court, Archibald was granted an interstate compact request to travel to Idaho for medical reasons while on probation. Then, officers wrote Archibald purchased a smartphone and was communicating in “sexually oriented conversations” with a minor. The document states investigators confiscated electronic devices and found nearly 50 gigabytes of child sexual abuse material and federal charges were being screened.
The document recommended Archibald serve prison time for the charges in Cache County, as he has “not done well on supervision.”
A federal indictment for distributing child sexual abuse material has been filed against Archibald in Idaho; Sanders told the court on Monday they were in the process of getting a federal defense attorney for the case.
No dates for appearances in the federal matter have been set.