In Utah, a defendant must be able to understand the nature of the charges against them, their rights and be able to participate in their own defense and if they are unable to do so because of mental illness or other mental deficiencies a defendant may be found incompetent to stand trial. Between 2% and 8% of all felony defendants in the United States are referred for competency evaluations. Here in Utah, if a defendant is found incompetent to stand trial they are committed to the executive director of the Department of Human Services to see if they can be restored to competency through treatment and/or medication. If however, competency isn’t restored and there is a substantial probability that the defendant will not become competent in the foreseeable future the court must release the defendant from the custody of the director unless the court is informed of civil commitment proceedings.
Such is the case for a Utah man who in 2007 was charged with rape, sodomy and aggravated sexual abuse of a child. Lonnie Johnson was declared incompetent to stand trial after numerous competency evaluations and has been held at the Utah State Hospital since 2008. In April 2011 Mr. Johnson was released by a 4th District Court Judge who had no legal basis for continuing to hold him based on a doctor’s report that it was unlikely that he would ever regain competency. Prosecutor’s are now working to have Johnson civilly committed. If however prosecutors are unable to show that Johnson’s mental illness makes him a danger to himself or others it is possible he will be set free.
Archive for the ‘Utah Crime News’ Category
Incompetent to Stand Trial in Utah?
One Dead in Possible Gang Shooting
Photo: Nesster
An apparent gang-related shooting at a South Salt Lake reception center ended with one person dead and several other people injured last Saturday. Nearby witnesses heard what was described as fireworks-type noises, glass breaking, and observed people who may have been running away from the crime scene.
In addition to the one death, six people were hospitalized with either gunshot or knife wounds. Local police have been questioning people who were present at the time of the fighting, but haven’t received much cooperation. Apparently, many of the people had different gang affiliations.
Gangs are a concern in many areas throughout the United States, and Utah is no exception. There are some laws in Utah specifically addressing some gang issues, particularly criminal street gangs.
• A police officer does have the responsibility to disperse gang loitering in public places where loitering is prohibited, such as: sidewalks, streets, public parks, shopping malls, theatres, lobbies, elevators, etc. People who refuse to comply with this request will be subject to a class B misdemeanor and potentially a fine.
• Members of criminal street gangs who solicit, recruit, entice or intimidate a minor to join a criminal street gang are guilty of a class B misdemeanor, whether or not the minor actually joins the gang.
• If a member of a criminal street gang intimidates or causes a minor to commit or attempt to commit a criminal act, that gang member will be guilty of a class A misdemeanor.
• A criminal gang offender who has been convicted of a crime with an enhanced penalty may not have a dangerous weapon, ammunition or copy of a firearm in his possession within five years after his conviction. If a person violates this law, they are guilty of a class A misdemeanor.
Regardless of your circumstances, don’t wait to contact a Utah criminal defense attorney if you have been arrested for any crime. You deserve a solid defense as much as the next person. Find a criminal defense attorney who has a winning reputation and who will fight for you.
Kidnapping Girlfriend Doesn’t Fly in Utah
Threatening and kidnapping your girlfriend may seem like the best way to get her to stay with you, but a Utah man found out that idea doesn’t work for the Salt Lake City police. Edwin Saul Tello, also known as Edwin Tello-Contreras, went to a nightclub and removed his girlfriend from the premises against her will. He then took the woman to a family member’s home where Tello and his girlfriend’s baby was staying. Unfortunately, it didn’t end there.
Photo: Bruce Turner
The three of them went to the woman’s apartment next. The police report states that the woman was able to run, with the baby, into her apartment and lock the door, but Tello allegedly kicked the door in. He apparently then held the woman hostage at knifepoint in front of their child. By the time the police arrived at the apartment, the woman had multiple cuts on her face and leg.
Aggravated Kidnapping Amongst Charges
Tello has been charged with several felonies, including: aggravated kidnapping, aggravated burglary, aggravated assault and domestic violence in the presence of a child. The first two charges are both first-degree felonies with the potential penalty of five years to life in prison per charge. Aggravated assault and the domestic violence charge are considered third-degree felonies which each carrying a possible zero to five year sentence.
Exact Reason for Kidnapping Unknown
According to the police report, while Tello was in the midst of the kidnapping, he supposedly told his girlfriend that she would never leave him. Other than that alleged statement, we don’t have information about what led Tello to commit these various crimes.
When you’ve lost your cool and the police become involved, call in an expert. You need the help and skill that a Utah criminal defense attorney will bring to your side of the situation. Look for an attorney who comes with a proven track record and a determination to defend you to the best of his ability.
Utah Man Facing Aggravated Assault Charge
Christopher Michael Burch has been charged with aggravated assault after allegedly stabbing a clerk at the Little America hotel last week. Burch reportedly came into the hotel lobby shortly after a fire alarm went off in the hotel and told a woman she would want to leave [the premises]. Burch apparently then approached the front desk where the clerk asked for his room number, which Burch said he couldn’t remember. The clerk checked Burch’s identification and told him there was no one by Burch’s name staying in the hotel.
At that point, Burch supposedly reached across the counter and hit the clerk in the face. The clerk was cut and bleeding and reported that he saw a knife in Burch’s hand and then ran back into another room. Other witnesses stated that they saw Burch throw some type of statue through a hotel gift shop’s window.
Burch was apprehended in the hotel parking lot carrying a knife with a blood on its blade. He was also charged with criminal mischief, assault and interfering with an officer. The various charges carry a variety of penalties. Interfering with an officer and assault are class B misdemeanors, while aggravated assault is a third-degree felony and criminal mischief is a class A misdemeanor.
While Burch’s alleged actions were wrong, there is likely more to his story than we know of at this point. We hope Burch will take the time to hire a skilled Utah criminal defense attorney to represent him with the myriad charges he is facing. If there are any extenuating circumstances, a qualified defense attorney can work to see that those conditions are taken into account. When you are involved in any criminal proceedings, it is always worth finding the right attorney to help you during your difficult time.
Potential Kidnapper Thwarted by Rocks
An alleged kidnapper was taken off guard when the 10-year-old girl he grabbed fought back. A 33-year-old man reportedly approached the girl, who was with her sister and cousin, asking if she wanted some candy. When the girl declined the candy, the man grabbed her. She apparently didn’t want to go along, so she bit him. Meanwhile, her two companions began throwing rocks at the man and didn’t stop until he ran away.
Photo: nicoleleec
The 10-year-old was able to describe some of the man’s tattoos to the police, and later all three girls identified the man in a police line-up. The alleged kidnapper has been charged with attempted child kidnapping, which unfortunately for him, is a first-degree felony.
Luckily for the girl, she was a quick thinker and didn’t fold under pressure. Her fast-acting family also helped save the day with the help of some nearby rocks. Sometimes people underestimate children, but think about it: kids are pretty in tune with what’s going on in today’s world and have as strong a will to survive as do adults.
If you’ve run afoul of the law, make sure that you keep your will to survive strong by hiring the best attorney you can. There’s no reason to let your mistakes follow you around for life. Contact a Utah criminal defense attorney who will fight for your rights and make sure that your side of the story is known. Even if you’ve done wrong in the past, with the right help you can make a clean start and live a good life.
How to Get Kicked off a Plane and Even Arrested
You may be surprised by the things that can get you removed from a flight such as being barefoot (yes shoes are required), inappropriate dress (can’t be too tight, revealing or too loose), profanity, poor hygiene or having a baby that cries or talks too much. By purchasing an airline ticket you are effectively signing a contract with the airline that you will comply with their rules and can be removed if refusing to comply with those rules.
On a more serious note you can also be removed and even arrested for disorderly, violent or abusive conduct, or bringing a weapon on board. Such was the case for a Utah man David Alan Anderson. Allegedly, Anderson and fellow passenger were “fighting” for arm rest and leg room space. The encounter escalated resulting in flight attendants and police being called where a 3 ½ inch knife was discovered in Anderson’s carry-on bag. Anderson has been charged with possessing a dangerous weapon on an aircraft and retaliation against federal law enforcement. If convicted Anderson faces up to 10 years in prison.
Man Makes Court Appearance for 1996 Rape in Ogden
The 1996 rape of a mall store clerk in Ogden has been connected to a now-39-year-old man who was serving a sentence for sexual battery in the Mississippi State Prison at the time he was charged in November 2010. Deon J. Lucero recently made his first court appearance in Utah, where he has been charged with aggravated robbery, aggravated sexual assault and aggravated kidnapping.
The Story Surrounding the Rape
Photo: Wouter Verhelst
According to court documents, in 1996 Lucero walked into the store where the victim was a clerk, pulled a knife and demanded money. After giving him money from the cash register, it is alleged that Lucero then forced the victim to a back room where he made her take off her clothes and raped her. DNA was collected at the time of the rape, but no one was arrested for the crime until now. Last year, the DNA from the 1996 crime scene was matched to DNA collected from a 2007 sample from a convicted offender serving time in Mississippi.
First-Degree Felonies
Aggravated robbery, aggravated sexual assault and aggravated kidnapping are each first-degree felonies. The potential penalties, particularly for aggravated sexual assault and aggravated kidnapping, can vary depending on whether or not the defendant was previously convicted of a grievous sexual offense. A first-degree felony is generally punishable by at least five years in prison, but that may differ based on the statute concerning a particular crime.
Offenses Without A Statute of Limitation
There are offenses for which prosecution by the state may be commenced at any time, regardless of the length of time that has passed since the actual commission of the crime:
• capital felony
• aggravated murder
• murder
• manslaughter
• child abuse homicide
• aggravated kidnapping
• child kidnapping
• rape
• rape of a child
• object rape
• object rape of a child
• forcible sodomy
• sodomy on a child
• sexual abuse of a child
• aggravated sexual abuse of a child
• aggravate sexual assault
If you have questions about the statute of limitation on a crime, don’t hesitate to contact an attorney. In the case mentioned earlier, multiple elements of the crime fall under the statute where there is no time limitation, so the person who committed the crime-who may or may not be the man accused-can be tried at any time.
When you have concerns about a legal matter, it is prudent to discuss them with a Utah criminal defense attorney. Let him apprise you of your rights and give you advice on how to handle the situation. You needn’t wait until you are being investigated or arrested for a crime to hire an attorney.
Attempted Murder Using Peach Smoothie in Utah
Creativity abounds everywhere, even by folks who are trying their hand at murder. Selena Irene York is currently sitting in an Oregon jail on a fugitive hold from Utah after recently pleading guilty to multiple identity theft and fraud charges in Oregon.
The History
Photo: Sara
York is accused of the attempted murder of Ed Zurbuchen, her former landlord in Vernal, Utah. In 2008, she allegedly purchased three smoothies from one location and a gallon of antifreeze from another location. The allegations state that she returned home and poured out half of one smoothie and had her teenage daughter fill the cup back up with antifreeze. York supposedly then gave the antifreeze-laced drink to Zurbuchen, who was later taken to a local hospital apparently suffering from a stroke. It was later determined that Zurbuchen had been poisoned.
Result of a Guilty Verdict for Attempted Murder
York is expected to be back in Utah in the next couple of weeks to face the attempted murder charge awaiting her, a second-degree felony. In Utah, a guilty verdict on an attempted murder charge can send a person to prison for 15 years.
The Right Time to Hire an Attorney
First and foremost, the best course of action is not to attempt to murder anyone. However, some folks will ignore this advice and find themselves in a bad spot with law enforcement, anyway. If you are in legal trouble, you need to get competent legal representation immediately. Don’t settle for an average attorney, though. Hire an experienced Utah criminal defense attorney who has a proven record and reputation for defending his or her clients with vigor. Now is not the time to sit back and wait to see what happens. You should take care of yourself and make certain that your rights aren’t trampled on. Contact an attorney today.
Alleged Assault on Cop
An assault can occur by anyone, upon anyone, regardless of a person’s education or knowledge of the law. A Utah prosecutor is on paid administrative leave while he’s being investigated for the alleged assault of a police officer. Greg Lamb, a Uintah County prosecutor, has been accused of assaulting Vance Norton, a Vernal police detective, while the two were attending a recent training retreat. Witnesses say that Lamb had been drinking prior to the alleged attack, but a motive for the attack is unknown.
What is Assault?
Photo: Rob
Assault is:
• an attempt, with unlawful force or violence, to do bodily injury to another;
• a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
• an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.
Charges for Assault
An assault that fits into the above categories is a class B misdemeanor. If the accused causes substantial injury to a person or if a victim of assault is pregnant and the accused knows of the pregnancy, the assault charge is increased to a class A misdemeanor.
Aggravated assault raises the charge to a third-degree felony if the accused uses a dangerous weapon or other means or force likely to produce death or serious bodily injury. If serious bodily injury occurs to the victim, the charge will increase to a second-degree felony.
Penalties for Misdemeanors and Felonies
The penalties for misdemeanors are:
• class C—up to 90 days of incarceration;
• class B—0-6 months in jail;
• class A—up to 1 year in jail.
Felonies may carry the following punishments:
• third-degree—0-5 years in prison;
• second-degree—1-15 years in prison;
• first-degree—5 years to life in prison.
Call a Utah Criminal Defense Attorney First
If you are arrested, make your phone call count by contacting an experienced Utah criminal defense attorney first. Don’t talk to police or make any statements. Hire an attorney and let him use his knowledge to give you the best defense possible.
Murder of Two-Month-Old Results in Prison Sentence
A 27-year-old Ogden woman has been sentenced to prison for the sleeping bag-smothering-death of one of her 2-month-old twin sons. Jewell Hendricks was given a 15-years-to-life prison sentence last week for first-degree murder, with the prosecution stating that in exchange for her guilty plea, they will write a letter to the state Board of Pardons and Parole asking that Hendricks serve 15 years. The judge noted that he will also write a letter to the Board requesting that Hendricks’ time already served while awaiting a resolution of the case be taken into account.
Photo: KeithBurtis
Hendricks’ attorney noted that, at the time of the murder, Hendricks was suffering from post-partum depression and was mentally unable to care for her twin sons. The prosecution stated that they know she had mental health issues, but she was still functioning and making choices knowing that there were consequences for her actions.
When mental health problems go untreated, some people may do things that they would never normally participate in, even committing murder. Mrs. Hendricks may well be one of those individuals, and we can only hope that she will receive appropriate care while in the prison system. Unfortunately, many inmates do not get the mental health treatment they need, either.
Call a Utah criminal defense attorney right away if you or a loved one are involved in a criminal case in this state. Don’t take chances when it comes to the justice system. Unresolved mental issues need to be taken into account, and a qualified, experienced attorney can make sure that the accused’s side of the story is not ignored.
