KRDO13 Investigates: First-ever look inside home tied to infant death, parents file lawsuit over custody of children

CROWLEY COUNTY, Colo. (KRDO) - The Southern Colorado couple at the center of a 2021 infant death investigation has filed a federal lawsuit accusing multiple government agencies of targeting their family and violating their religious beliefs about having a large family.

The lawsuit comes as Jason and Joy Soltani recently welcomed their 11th child. Crowley County District Attorney Jim Bullock confirmed to KRDO13 Investigates that the baby was born in January in Albuquerque, New Mexico.

The Soltanis, who now live in Pueblo, were charged in 2023 in connection with the death of their infant in Crowley County.

The baby died in 2021. An autopsy ruled the official cause of death undetermined, but court records state the infant was significantly underweight and had recently fallen below the zeroth percentile for height and weight based on World Health Organization growth charts.

According to the arrest affidavit, the autopsy also reported no food in the baby’s stomach and no urine in the baby’s bladder at the time of death.

Investigators also documented that the baby tested positive for COVID-19, though records do not list the virus as the official cause of death.

Joy Soltani later pleaded guilty to criminally negligent homicide and received a four-year deferred sentence that did not include jail time. Jason Soltani’s criminal case was dismissed.

According to the Soltanis’ attorney, eight of the couple’s children are currently in state custody.

Through a public records request, KRDO13 Investigates also obtained photos showing the condition of the Soltanis’ home at the time the baby died.

Some of the photos obtained by that request can be viewed below:

Records show those conditions led the Crowley County Department of Human Services to remove six children from the home during the initial investigation.

Arrest records state investigators raised concerns about whether the children had adequate food and alleged some children had resorted to eating nonfood items, including paint and fecal matter.

The affidavit also states six children found inside the home were "filthy, unkept, and smelled of human feces." Deputies wrote they could not determine the gender of some of the children because they all had long, unclean hair and wore unkempt clothing.

Crowley County District Attorney Jim Bullock, who prosecuted the criminal case, said investigators believed the conditions inside the home were dangerous.

"This was beyond hoarding. This was dangerous," Bullock said in an interview with KRDO13 Investigates.

Bullock said investigators described a home so cluttered that they could not identify beds for the children.

"Their house was disgusting," Bullock said. "We could not identify any bed for the kids to sleep on."

Infant’s death sparked investigation

According to arrest records, deputies and child welfare workers who responded to the home described hoarding conditions and unsanitary living conditions for several children.

Investigators reported the home was cluttered with trash and debris and raised concerns about sanitation and food availability for the children.

Those concerns formed the basis of the criminal case filed against the parents in 2023.

However, the Soltanis’ attorney disputes investigators’ descriptions of the home.

Attorney Elisabeth Owen told KRDO13 Investigates she believes the allegations about the conditions are inaccurate.

"That is not truthful information… it just didn’t happen," Owen said.

When asked whether she could say the parents were innocent of wrongdoing toward their children, Owen said she could not make that determination.

"I wasn’t there," Owen said. "All I can do is review the records available to me."

Criminal case later changed course

Crowley County District Attorney Jim Bullock said the criminal case was affected by a mistake during the investigation.

Bullock said a Department of Human Services worker entered the home before investigators had obtained a valid search warrant.

Because of that error, some of the evidence collected from the home could not be used in court.

Jason Soltani’s criminal case was later dismissed, according to their lawsuit.

Joy Soltani pleaded guilty to criminally negligent homicide and received a four-year deferred sentence, meaning the case could ultimately be dismissed if she successfully completes probation.

The Soltanis’ lawsuit claims the plea agreement was made under pressure and tied to their attempts to regain custody of their children.

"She took that plea because she was told it was the only way to have any chance of getting her children back," Owen said.

Lawsuit alleges constitutional violations

The Soltanis have now filed a federal lawsuit against the Crowley County Department of Human Services, Pueblo County Department of Human Services, the Crowley County Sheriff’s Office, CommonSpirit Health, and several employees of those agencies.

In the complaint, the couple alleges the agencies carried out a years-long campaign that led to the removal of their children and the termination of parental rights for most of them.

The lawsuit also claims government officials interfered with the couple’s religious beliefs and their ability to have and raise a large family.

The complaint describes the Soltanis as “committed Christians” whose faith includes having multiple children.

Owen argues the lawsuit alleges widespread misconduct by government officials.

"What we’re alleging is rampant misconduct by a number of government officials," Owen said. "This is basically a modern way to sterilize this family."

The lawsuit seeks financial damages and asks a federal judge to prevent child welfare agencies from removing future newborn children based solely on past allegations.

KRDO13 Investigates asked Owen about the newborn child and the status of the couple’s other children. Owen declined to answer questions about the baby or the children.

KRDO13 Investigates contacted several defendants named in the lawsuit for comment.

CommonSpirit Health and the Crowley County Department of Human Services did not respond to requests for comment.

The Pueblo County Department of Human Services provided the following statement:

"Because this matter involves pending litigation and sensitive child welfare issues, our ability to discuss specifics is limited. That said, Pueblo County takes the safety and well-being of children and families very seriously and is committed to following applicable laws, policies, and procedures. We will respond to the allegations through the appropriate legal process. We appreciate the opportunity to provide a statement and will share additional information if and when it is appropriate to do so."

You can read the full lawsuit below and watch our full unedited interview with Attorney Elisabeth Owen as well as Crowley County District Attorney Jim Bullock above. 

If you have a story tip, email us at 13Investigates@krdo.com.

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