Utah Ex-Con Charged with Gruesome Murder in Washington

An ex-con who had served time in a Utah State Prison was charged with the gruesome murder of a Washington State woman last Monday.

Murder and dismemberment

murder

Photo by: tdlucas5000

37 year old John Robert Charlton was charged with the murder of Ingrid Lyne of Renton, Washington after police discovered portions of the woman’s dismembered body in a recycle bin in Seattle. The 40 year old nurse and mother of three daughters had been on a date with Charlton to a Mariner’s baseball game over the weekend but hadn’t been heard of since. When police located the body parts including a head and then received information of the missing woman, they realized the cases were connected and arrested Charlton for murder. More of Lyne’s body parts were then located as well as a saw which was believed to be the tool used to dismember her body.

Was the murder preventable?

When a horrible act is committed, many people may wonder if there was any way the crime could have been prevented. Sometimes crimes catch everyone by surprise, even those closest to the accused. Regarding the murder of Ingrid Lyne however, there are various details in John Charlton’s past that may have been red flags. While these warnings were regrettably not known to Lyne, they might have been recognized by law enforcement and those who have had their own personal dealings with Charlton.

Criminal history

Photo by: Victor

Photo by: Victor

The murder of Ingrid Lyne wasn’t Charlton’s first run in with the law. Prior to Lyne’s murder, in Washington State Charlton had been charged with assault in 1997 and negligent driving in 1998. In 2006, Charlton was convicted and sentenced to 1 to 15 years in the Utah State Prison for felony attempted aggravated robbery. Of that sentence, Charlton served just shy of 2 years before he was released by the Utah Board of Pardons and Parole without the supervision of parole officer. Some claim this lack of supervision may have contributed to him being arrested again in 2009 for misdemeanor battery in Idaho and then felony theft in Montana the same year. In Montana he again served time in prison; this time no more than 5 years. There is no information available at this time regarding whether or not Charlton was under the supervision of a Montana parole officer; however some critics of the parole system are doubtful.

Mental uncertainty

Charlton not only had a history of crime, but he also showed signs of being mentally unstable and possibly dangerous as long as 10 years ago. Prior to his arrest in Utah in 2006, Charlton made unsettling threats to his parents at their home south of Seattle. He showed them a copy of the gruesome movie “Hannibal” and eerily cautioned his mom while referencing to it. He also told his parents that he was having a hard time dealing with life and he was questioning his mental stability. Charlton’s parents were so troubled by this encounter with their son that they went as far as to file a restraining order against him although they later dropped it.

Help for the troubled

Photo by: trizoultro

Photo by: trizoultro

While the thought is plausible, it will never be known for sure if the murder of Ingrid Lyne could have been prevented. While many friends or family members may be surprised when someone close to them commits a heinous act, this is one case when there was a growing concern long before multiple lives were changed forever. For those who are in and out of the court systems for various crimes or for those who have anger management issues, alcohol and drug abuse problems, or other mental health concerns, there is help available. Please seek counsel with a knowledgeable criminal defense attorney regarding criminal charges and they can also provide you with information regarding mental health services in your area.

Domestic Violence in Utah

Domestic violence is a serious problem worldwide, and Utah is by far no exception.

Wife and her dog

One of the several cases of domestic violence this month in Utah left a woman with facial wounds, a dog in surgery, and a man in jail. Earlier this month, a 40 year old Santaquin Utah man was arrested for multiple charges when he was involved in a fight with a woman at their home. After hitting the woman in the head in front of her children, he then stabbed her service dog- nearly killing it. While it is unknown what sparked the argument that ended with physical aggression, domestic violence rarely needs a rational reason.

Legal definition

Photo by: West Midlands Police

Photo by: West Midlands Police

Utah Code 77-36-1 identifies domestic violence as “any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another.” 77-36-1 also states that it can . . . include “commission or attempt to commit, any of the following offenses by one cohabitant against another:

(a) aggravated assault . . .
(b) assault . . .
(c) criminal homicide . . .
(d) harassment . . .
(e) electronic communication harassment . . .
(f) kidnapping . . .
(g) mayhem . . .
(h) sexual offenses . . .
(i) stalking . . .
(j) unlawful detention . . .
(k) violation of a protective order . . .
(l) [some] offense[s] against property . . .
(m) Possession of a deadly weapon with intent to assault . . .
(n) Discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle . . .
(o) Disorderly conduct . . .
(p) Child abuse . . . “

Penalties  for charges can range from a misdemeanor to a felony depending on the offense in question.

More than assault

Domestic violence is typically seen as a physical assault on a person, usually a spouse. What is unknown to many however is that it can also be delivered as mental and emotional abuse. The Utah Domestic Violence Coalition states: “Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

Not just between couples

Domestic violence takes place frequently between couples but it can also occur with children, elderly family members, and even roommates with no blood relationship. As long as the victim and the assailant are cohabitants, then domestic violence charges can occur from any violent or threatening episode between the two parties.

Domestic violence away from home

Although the most common setting, domestic violence doesn’t always take place at a residential building such as a home or apartment. It can be any harm done to someone by a person they live with, regardless of where they are when the attack takes place. A spouse that starts a fight with their significant other at work, or a parent that slaps their child around in front of the school are both cases in which domestic violence charges could ensue.

Statistics & penalties

Compiling statistics of domestic violence cases in Utah is difficult, as many of them go unreported. The reports that are compiled base their information on injuries and deaths of women at the hands of men. While there are many women who are the victims of domestic violence, it isn’t uncommon to see the man as the one being hurt. These new findings can create a lot of confusion for officer who respond to domestic violence calls. All too often “who is at fault” is not completely clear to police upon arrival. This can lead to false or misguided charges against a person. For anyone facing charges of domestic violence, whether the charges are justified or not, speak with an attorney immediately.

Hearsay is Probable Cause for a Search Warrant

When a judge authorizes a search warrant, there has to be sufficient proof in the affidavit to attest probable cause; however is hearsay evidence enough to qualify?

Probable cause

Probable cause is required to obtain a search warrant. Probable cause can include the officer’s own observation such as: seeing illegal contraband through an open door while talking with a suspect; hearing loud noises presumed to be from a violent act taking place; and even smelling illegal activity such as marijuana smoke or other drug use. Beyond these observations made by the actual office, probable cause can also consist of hearsay – a statement overheard by a random witness.

Hearsay

Photo by: Francisco Osorio

Photo by: Francisco Osorio

According to Utah Courts Dictionary of Legal Terms, hearsay is “second-hand evidence, generally consisting of a witness’s testimony that he/she heard someone else say something.” Like a bad game of telephone, information by hearsay could end up muddled and far from the truth. Another concern with hearsay besides being an innocent misunderstanding is the fact that hearsay could be nothing more than a fabricated plot to cause undue stress on another person.

Protection from false info

To avoid untrue or mistaken information, there are certain steps that must be taken before a judge can accept hearsay. The following is Utahcourts.gov explanation how hearsay is evaluated and what is required for hearsay to be acceptable for a search warrant:

1. “Veracity” of the informer. This means the informer providing the hearsay must be credible. The affidavit must contain sufficient facts indicating the informer is believable or truthful. For example, the affidavit should state the reasons why the informer believes that the seizable items are located in the place to be searched and the reasons why the police officer believes that the informer is reliable.
o To satisfy the veracity test, the affidavit must establish that: (a) the informer is a truthful person; (b) the informer has a particular motive to be truthful about the specific allegation (for example, it is against the informer’s interest); or (c) the allegations of criminality are sufficiently corroborated.

2. “Basis of knowledge” of the informer. This means that the informer has a factual basis for the information furnished. The affidavit must contain sufficient facts indicating the basis for the informant’s knowledge. For example, the affidavit should describe the accused’s criminal activity in sufficient detail for the judge to determine that the allegation is something more substantial than casual rumor.
o To satisfy the basis of knowledge test, the affidavit must establish that: (a) the informer gathered the information of illegal activity in a reliable fashion; or (b) the informer’s information is based on either personal knowledge or on reliable hearsay received by the informer. “

Hearsay usually not admissible in court

Although there are some guidelines concerning what hearsay is considered valid, it is still an alarming thought that someone’s word is enough evidence for authorities to obtain a search warrant. Fortunately, hearsay statements typically won’t hold up later on in court. This is due to the defense being unable to cross examine the informant after the hearsay statement is admitted. The same would go for an anonymous tip. While that tip may lead officials in the right direction to catch a crime, there is no way to use it in court as the defendant would not be able to question the person accusing them of a crime. IF hearsay is allowed before the judge and/or jury, Utah Courts states that “the declarant’s credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had testified as a witness.”

Speak with an attorney

For anyone facing charges for evidence obtained during a hearsay driven search warrant, it is crucial to contact a criminal defense attorney. An experienced defense attorney can help their clients fully understand their 4th Amendment rights regarding searches and seizures and what their rights are during trial.