Homeless man Arrested for Aggravated Murder of an Officer in Utah

A 40 year old homeless Utah man was arrested for aggravated murder of an officer after he shot and killed a policeman attempting to apprehend him.

Attempt to arrest a fugitive

29 year old Joseph Shinners, a three year veteran officer with the Provo Police Department was killed earlier this month while attempting to apprehend a fugitive in Orem, Utah. Shinners was responding to a location alert regarding a fugitive who had a history of making violent threats towards police officers. When Shinners arrived and attempted to apprehend the suspect he was shot and later died at Utah Valley Hospital. The 40 year old suspect who is not being named at this time was arrested for aggravated murder of an officer.

Aggravated murder of an officer

Utah Code 76-5-202 states regarding aggravated murder of an officer that: “criminal homicide constitutes aggravated murder [of an officer] . . if the victim is or has been a peace officer, law enforcement officer, executive officer, prosecuting officer, jailer, prison official, firefighter, judge or other court official, juror, probation officer, or parole officer, and the victim is either on duty or the homicide is based on, is caused by, or is related to that official position, and the actor knew, or reasonably should have known, that the victim holds or has held that official position”.

Criminal penalties

That section goes on to note that “If a notice of intent to seek the death penalty has been files, aggravated murder is a capital felony. If a notice of intent to seek the death penalty has not been filed, aggravated murder is a noncapital first degree felony”. A noncapital first degree felony is punishable by 25 years to life in prison. For more information on crimes against police officers and how they differ from crimes against regular citizens, contact a criminal defense attorney.

Aggravated Murder Charges for Utah Teacher Who Shot Husband’s Girlfriend

A Utah teacher has been arrested for aggravated murder after she shot and killed the girlfriend of her ex-husband while the teacher’s three year old twins watched in horror.

In the presence of children

Photo by: RONg

32 year old Chelsea Cook, a teacher at Skyridge High School in the Alpine Utah district was arrested after she opened fire on 26 year old Lisa Williams who was dating Cook’s ex-husband. Cook came to her ex-husband’s apartment in Midvale, Utah to bring medicine to one of her three year old twins who were in the care of their father and his girlfriend, Williams. After delivering the medicine, Cook let herself inside the apartment uninvited where Williams was decorating the Christmas tree with the two toddlers. Cook locked herself in the bathroom and refused to leave. When she finally emerged, she went to her jacket and retrieved a firearm. She then pointed the weapon at Williams and opened fire. Following the shooting, Cook went to her two children who were present during the traumatizing incident while her ex-husband attempted to give first aid to Williams. Cook then made her way again to her jacket and was physically restrained by her ex-husband until police and emergency crews arrived. Cook was then arrested while Williams was transported to the hospital where she later died from her injuries.

Aggravated murder

Cook was arrested for aggravated murder, which carries more severe penalties than murder. Murder, which is described as “. . . [intentionally or knowingly] causing the death of another person is a first-degree felony, punishable by life in prison and a $10,000 fine. Aggravated murder is also done intentionally or knowingly but with other factors that make the crime more serious. Some of these factors or elements may include when the homicide:

• took place in a jail or prison;
• occurred during a robbery, rape, sexual abuse, arson, kidnapping, or other serious offense;
• was committed by someone who was already convicted of murder;
• was committed by someone with a criminal history of aggravated assault, kidnapping, rape, felony discharge of a firearm, or other crime listed in Utah Code 76-5-202 (1)(j);
• prevented a witness from testifying or otherwise “distrupt[ed] or hinder[ed] any lawful governmental function.

In the case of Cook, she opened fire on Williams while her ex-husband and two small children were also in the room. This “. . . knowingly created a great risk of death to a person other than the victim and the actor” as stated in Utah Code 76-5-202 which enhances her crime of murder aggravated murder. Aggravated murder is punishable as a first degree felony with life in prison or a capitol felony if prosecutors seek the death penalty.

Premeditated or crime of passion

It is unknown if Cook planned on killing Williams or if it was a crime of passion after seeing her children and ex with another woman. She was carrying a weapon, but so are many residents throughout Utah. Did she in fact go to the apartment with the plan to kill Williams or did she completely lose it after arriving to see someone else living her life, happily making Christmas ornaments with her children. A crime of passion or heat of passion occurs when someone feels immense feelings such as rage and reacts violently. Many times crimes of passion occur between romantic partners especially when someone feels betrayed perhaps by a cheating partner. Cook and her ex-husband were divorced, but even strong feelings as a mother feeling the loss of her children to another woman could have pushed her over the edge, leading her to brutally remove the person standing in the way of her children. Crimes of passion and other crimes that occur when the individual is not in the right mind do not go unpunished, especially in the state of Utah. They can however, lead toward leniency regarding punishments which for Cook, could mean the difference between life and death.

New Bill Increases Penalties for Targeting a Police Officer in Utah

A new bill that increases penalties for targeting a police officer has passed the House and Senate, leaving it awaiting a signature from Utah’s governor.

Crimes against law enforcement

Photo by: David Robert Bliwas

Photo by: David Robert Bliwas

There have been numerous stories in the news lately of police officers being targeted and then injured or killed based solely on their profession. Many of these crimes against police are said to stem from the public view of law enforcement turning sour following increased occurrences of police brutality. While the instances of police brutality that have angered the public are inexcusable, so is killing or injuring a police officer just because of their job choice. This increase of danger to law enforcement is what was on the mind of Utah lawmakers when House Bill 433 was drafted.

HB433- death for cop killers?

House Bill 433 was originally intended by Representative Paul Ray, R-Clearfield to extensively punish those convicted of targeting a police officer while labeling the condemned person as a terrorist. His goal was apparently to increase penalties for those convicted and have the death penalty be a mandatory sentence for if the targeted law enforcement officer is killed. This “blue lives matter more than other lives” bill needed a few revisions such as removing the required death sentence penalty for cop killers, but has eventually been tweaked enough to make its way through the House and Senate.

Targeting a police officer – defined

Targeting a Police Officer

Photo by: BaronneVonR

The new revised HB433 has taken a step back a notch to allow prosecutors, judges, and juries to continue to be the ones responsible for deciding whether or not to seek the death penalty for cop killers. It also removes the “terrorist” label from those convicted. It now “defines [what exactly it means by] ‘targeting a law enforcement officer’’. This definition is in the new section of Utah Code (76-5-210) included in the bill. This code states: “”Targeting a law enforcement officer” means the commission of any offense involving the unlawful use of force and violence against a law enforcement officer, causing serious bodily injury or death in furtherance of political or social objectives in order to intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government.”

Aggravated murder

HB433 also “adds targeting a law enforcement officer to the aggravating factors for aggravated murder”. Previously, aggravated murder charges were saved for those who committed homicide under serious circumstances defined in Utah Code 76-5-202 such as: if multiple homicides occur together; a homicide that takes place after or during an episode of another heinous offense such as rape or kidnapping; a homicide that is done for payment; homicide committed by someone in custody or someone trying to escape custody; or a homicide committed by a person previously convicted of a serious offense. This section also previously stated that aggravated murder charges would ensue if the homicide victim was a public official or a police officer. HB433 redundantly added that aggravated murder charges would result if the actor committing homicide did so while targeting a police officer.

First degree aggravated assault

Photo by: marina

Photo by: marina

One big change made in HB433 that may have been missed among the superfluous information added to other sections is the changes made to Utah’s aggravated assault penalties. Utah Code 76-5-103 defines other aggravated assault behavior as conduct “that is:

(i)an attempt, with unlawful force or violence, to do bodily injury to another;

(ii) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or

(iii) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and

(b) that includes the use of:

(i) a dangerous weapon as defined in Section 76-1-601; or

(ii) other means or force likely to produce death or serious bodily injury.”

Utah Code 76-5-103 also lists the penalties for aggravated assault as a third degree felony or a second degree felony if serious bodily injury occurs to the victim. Once HB433 is signed by Governor Herbert, it will add targeting a police officer to this section of Utah Code and “[make] aggravated assault a first degree felony if a law enforcement officer is targeted.” Someone who is convicted of targeting a police officer and seriously injuring said officer could face up to life in prison because their target was a cop. Maybe blue lives really do matter more.

For more information on upcoming changes to Utah law and how it can affect your case, contact a criminal defense attorney.