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.
Archive for the ‘Utah Crime News’ Category
How to Get Kicked off a Plane and Even Arrested
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.
Utah Child Sex Abuse Case Nets Guilty Pleas
A child sex abuse case in Utah culminated with guilty pleas from the alleged abuser, Lon Kennard Sr. After initially being charged with 47 counts of a variety of first, second and third-degree felonies, Kennard pleaded guilty to three counts of aggravated sexual abuse of a child, all first-degree felonies. Prosecutors dropped the remaining charges in exchange for the guilty pleas.
Kennard allegedly abused seven victims, six of whom were girls related to him, beginning sometime around 1995. According to the Utah Code, imprisonment is mandatory when a crime of this nature has occurred. A judge will decide Kennard’s fate at his sentencing hearing on November 2.
What Constitutes Aggravated Child Sex Abuse
Sexual abuse of a child is punishable as a second-degree felony. Aggravated sexual abuse of a child, on the other hand, increases the charge to a first-degree felony. A few of the reasons that a person may be charged with aggravated sexual abuse of a child are as follows:
• Use of a dangerous weapon;
• In the course of a kidnapping;
• Bodily injury or severe psychological injury was inflicted by the accused upon the victim;
• Pornography was involved or the victim was photographed during the offense; or
• The accused was a person in a position of special trust (such as a religious leader, a coach, a teacher or a parent).
There are several other situations that may result in an aggravated child sex abuse charge. You should consult with a Utah criminal defense attorney if you have further questions about any charges you are currently facing. Additionally, you don’t need to wait until you are charged with a crime to talk to an attorney. It is in your best interest to have legal representation on your side if you believe you may have criminal charges filed against you or you know you are being investigated by law enforcement.
Theft of Heavy Equipment in Utah
The Crime
Theft of heavy equipment must be a little more difficult to plan than the average robbery. This week, thieves stole equipment worth $80,000 from a Weber County business. The items stolen include: two tractors, two flatbed trailers, two side-by-side vehicles and four tractor tires. Apparently, the two tractors were brand new and still in crates. It is likely that the thieves would have had to use a forklift at the store to load the crates onto trailers.
Photo: Bob
According to law enforcement, the thieves probably had to spend a fair amount of time getting the equipment loaded before driving off with it. No one seems to have seen or heard anything around the time of the theft.
Robbery, Burglary and Theft
Generally, robbery is when one person takes or tries to take the personal property of another person, either directly from that person or in his presence. Robbery can also be using force or fear of immediate force when taking or attempting to take someone else’s property. Robbery is a second-degree felony.
Burglary, on the other hand, usually occurs when an uninvited individual breaks into a home, business or other place with the intent to commit theft or some other illegal action. For example, a person who breaks into a home and vandalizes the home but doesn’t take any personal property can be charged with burglary. Burglary is generally a third-degree felony, unless it is committed in a dwelling, in which case it would be a second-degree felony.
Theft occurs when someone obtains or exercises unauthorized control over the property of another person with an intent to deprive the person of his property. A person can be charged with burglary and theft if they break into a business and steal property belonging to the business. Theft of property is usually a second-degree felony if the value of the property stolen is over $5000.
Consult with a Utah criminal defense attorney today if you have been charged with any of these, or other, crimes. You need and deserve representation by someone who has experience and a proven track record with criminal cases.
Attempted Murder Investigation in Utah
An attempted murder and aggravated burglary investigation is underway in West Valley City concerning an incident last Sunday evening. Three men allegedly responsible for starting an altercation have been booked into jail. The men reportedly broke into a neighbor’s home over a dispute involving a laptop. Police say that after the three men went into the home, a major brawl ensued, during which the three men and the alleged victim all received some injuries. Apparently, the victim’s girlfriend was so frightened she broke a window and jumped out of it.
Photo: Ben Babcock
A criminal attempt to commit a capital felony, which includes murder, is a first-degree felony. That means that attempted murder is a first-degree felony, because murder may be charged as a capital crime (which could be punishable by death) or as a first-degree felony (which could carry a sentence of five years to life in prison).
Aggravated burglary occurs when the perpetrator of the burglary:
• injures someone not participating in the crime, such as the victim;
• uses or threatens to use a dangerous weapon against the victim; or
• possesses or attempts to use any explosive or dangerous weapon.
Aggravated burglary is also a first-degree felony, punishable by five years to live in prison. It is believed that at least one of the men had a knife and another man carried a bat. Burglary committed in a dwelling is usually a second-degree felony, but when any of the above-listed items also occurs, the penalty is increased to a first-degree felony.
There is likely more to the story than we currently are aware of. The men who were arrested will have their own opportunity to talk to an attorney who can help them through the legal process that will undoubtedly follow. It may be that a judge or jury will decide where the truth is in this situation.
Anytime you are involved in any legal dispute, don’t wait to contact an attorney. A criminal defense attorney will answer your questions and represent your best interests in any criminal matter. No problem is too big or too small for an experienced Utah criminal defense attorney.
Sexual Assault Charge in Utah
A man has been charged with committing aggravated sexual assault of a child and obstruction of justice following an August 22 incident at Liberty Park. A witness has stated that she saw a man hanging around in the bushes near the water feature at the park. According to the witness, at some point a young girl (who turned out to be five-years-old) walked by, and the man grabbed her and pulled her head towards the crotch area of his pants. The witness yelled for someone to call the police, and the assailant left the scene on a bicycle.
The Accused
Brandon Lee Elder, the man charged with the crimes, apparently told police that he waited near the water feature for around two hours for a girl to walk by. This is not Elder’s first run-in with the law. In the past, he has pled guilty to attempted sexual battery as well as battery.
Potential Penalty for Sexual Assault
Aggravated sexual assault of a child is a first-degree felony. The penalty for a first-degree felony is generally five years to life in prison, but the addition of “aggravated” can increase the penalty, if the individual is found guilty. Obstruction of justice is considered a second-degree felony if it occurs in conjunction with a first-degree felony. Second-degree felonies are usually punishable by 1-15 years in prison.
Your Right to Remain Silent
It is important to remind you that under no circumstances should you talk to the police without the advice of an attorney, regardless of what the police might ask you or tell you. It is completely within your rights to remain silent unless your attorney tells you to talk to law enforcement. Refusing to talk to the police does not mean you’re guilty of anything; in fact, it shows you’re looking out for your best interests.
Contact a Utah Attorney
Call a Utah criminal defense attorney immediately if you have questions about any legal action you are involved in. He or she will help you sort out the situation and give you your options, as well as communicate with the police on your behalf. Make that call today.
Murder-Suicide Attempt Ends in Arrest
Murder-Suicide Attempt
An apparent murder-suicide attempt has ended in the arrest of a 75-year-old Utah man who has been charged with the murder of his 82-year-old wife. Charles Edward Dodd, who may have been suffering from depression, allegedly stabbed his wife to death before taking a bunch of pills and attempting to push a knife through his own chest.
Alleged Murder Confession
Photo: Jason Kuffer
Dodd has apparently confessed to law enforcement his role in the killing of his wife, whom he said was in constant pain. Dodd is currently hospitalized, but expected to survive.
Penalty for Murder
In Utah, murder is generally a first-degree felony and is punishable by 15 years to life in prison. There are situations where the penalty may be higher, such as for aggravated murder.
Depression and Suicide
On the face, this case may seem fairly straightforward, but that’s not necessarily accurate. If Dodd’s mental state played a role in this alleged attempt at murder-suicide, that information needs to be brought out. Depression is a tricky illness, even though there are medications for it. An interesting fact about anti-depressants is that many are known to cause suicidal thoughts and tendencies. Someone who knows Dodd did say that he’s been depressed and talking about ending things.
Hopefully, Dodd’s defense attorney will be able to bring to light Dodd’s situation and the accurate circumstances surrounding his wife’s death. This is certainly a case that requires thought and compassion.
Hiring a Utah Criminal Defense Attorney
If you or a loved one is in need of legal help, don’t hesitate to contact a Utah criminal defense attorney, whether you believe the case involves mental illness or not. Every person is entitled to the best defense possible. Take your life into your own hands and get the legal assistance you need today.
