Aggravated Charges for Man Who Killed Missing Utah Student

Aggravated charges are pending for a Utah man after authorities located charred DNA evidence of missing college student in the man’s backyard.

Missing college students

Photo by: Tony Webster

In the early morning hours of June 17, 2019, Mackenzie Lueck let her parents know she had arrived at the Salt Lake City Airport before taking a Lyft ride to a park in North Salt Lake. There she met someone in another vehicle and was never seen again. For the next week and a half, Lueck missed her school classes and work and did not take a flight she had scheduled back to California to see her family. Investigators worked tirelessly around the clock, eventually questioning a man that had engaged in electronic communications with Lueck prior to her disappearance.

DNA evidence

Neighbors to the man alerted authorities that the day Lueck had gone missing, the man had been burning things in his backyard with gasoline. After obtaining a search warrant, police were able to find burned remains of Lueck’s belongings as well as charred body tissue. DNA evidence from those findings were linked to Lueck. The owner of the house, 31 year old Ayoola Ajayi was arrested on several charges including aggravated charges of kidnapping and murder as well as obstruction of justice and desecration of a human body.

Aggravated charges

Ajayi is facing four felonies for the following:

  • Third degree desecration of a human body. Utah Code 76-9-704 states “A person is guilty of abuse or desecration of a dead human body if the person intentionally and unlawfully . . . disturbs, moves, removes, conceals, or destroys a dead human body or any part of it”.
  • Second degree obstruction of justice, described by Utah Code 76-8-306 as when a person commits actions with the “. . . intent to hinder, delay, or prevent the investigation, apprehension, prosecution, conviction, or punishment of any person regarding conduct that constitutes a criminal offense”.
  • First degree aggravated kidnapping defined by Utah Code 76-5-303 as “ . . . if the actor, in the course of committing unlawful detention or kidnapping: uses or threatens to use a dangerous weapon . . . or acts with intent;
    – To hold the victim for ransom or reward, or as a shield or hostage . . . ;
    – To facilitate the commission . . . of a felony;
    – To hinder or delay the discovery of or reporting of a felony;
    – To inflict bodily injury on or to terrorize the victim or another; . . .
    – To commit a sexual offense”.
  • First degree aggravated murder. “Criminal homicide constitutes aggravated murder if the actor intentionally or knowingly causes the death of another” and was also involved in sexual offenses, kidnapping, desecration of a human body or other circumstances as stated in Utah Code 76-5-202.

The ultimate penalty

Ajayi is facing up to five years in prison for desecration of a human body, one to 15 years for obstruction of justice and five to life for aggravated kidnapping. The aggravated charges of murder could result in life in prison or the death penalty, depending on if it is charged as a noncapital or capital felony. Section 76-5-202 states “If a notice of intent to seek the death penalty has been filed, 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”.According to Section 76-3-207.7, noncapital first degree aggravated murder is punishable by “life in prison without parole; or an indeterminate prison term of not less than 25 years and that may be for life. Regarding a capital felony, 76-3-206 notes “the sentence shall be: . . . life in prison without parole or death.

Criminal defense

Regardless of the type of crime committed and whether or not they have been tried already by the public court of social media, anyone facing charges has the constitutional right to be represented by an attorney in a court of law. For more information on the options available for those facing serious charges such as aggravated murder, contact a criminal defense attorney.

Aggravated Murder Charges For Utah Uncle Who Kidnapped 5 Year old Niece

An uncle who is the prime suspect in the kidnapping of a 5 year old Utah girl has been arrested for aggravated murder and other charges related to his niece’s disappearance.

Missing child

Photo by: DPP Law

The family of 5 year old Elizabeth “Lizzy” Shelley woke up the morning of Saturday May 25, 2019 to discover the front door to the family home open with their 5 year old no where to be found. Also missing was the 21 year old uncle of Shelley who had stayed the night at the family’s home the night before. After hours of searching, 21 year old Alex Whipple was located walking miles away from the home with no sign of his 5 year old niece. Police detained Whipple as a suspect in the girl’s disappearance, yet could find no trace of the child for several days.

Criminal evidence located

While searching for Shelley, law enforcement from several agencies located several items belonging to Shelley with DNA evidence on them as well as a knife covered in blood. This evidence combined with Whipple’s DNA and fingerprints was considered enough to charge Whipple with aggravated murder, despite the fact that Shelley’s body had not been located yet.

Aggravated murder

Even without a body to confirm that the young child had indeed been killed by her uncle, investigators determined that the evidence against Whipple supported a charge of aggravated murder, a crime more serious than homicide. According to Utah Code 76-5-202, some of these circumstances that could enhance criminal homicide to aggravated murder include:

  • If the homicide was done to prevent someone from being a witness to a crime;
  • If someone else was in grave danger besides the actor and victim;
  • If the actor was previously charged for a similar crime;
  • If the actor had already been charged for another aggravated crime or a serious crime against a child;
  • If the homicide happened while the actor was incarcerated;
  • If the homicide occurred due to the use of a weapon of mass destruction;
  • If the victim was under 14 years old;
  • If “the homicide was committed incident to one act, scheme, course of conduct, or criminal episode during which the actor committed the crime of abuse or desecration of a dead human body.”

While there are several more factors that could enhance charges to aggravated murder, Whipple, likely had his charges enhanced due to the young age of Shelley and the fact that he had moved her body in an attempt to disclose her location from authorities.

Capital and non capital felony

Aggravated murder could be charged as a noncapital first degree felony if no death penalty is sought. According to section 76-3-207.7, “A person who has pled guilty to or been convicted of first degree felony aggravated murder . . . shall be sentenced [to]:

  • life in prison without parole; or
  • an indeterminate prison term of not less than 25 years and that may be for life.”

Aggravated murder can be a capital felony “if a notice of intent to seek the death penalty has been filed . . . “ as stated in Section 76-5-202. Section 76-3-206 states “A person who has pled guilty to or been convicted of a capital felony shall be sentenced [with:]

  • . . . an indeterminate prison term of not less than 25 years and that may be for life;
  • . . . life in prison without parole.” or
  • death.

Death penalty or location of remains

Once Whipple heard the charges of aggravated murder from his attorney, he agreed to tell authorities where young Shelley’s body was in order to ensure the death penalty would be taken off the table. After several days of searching for Shelley with no luck, authorities agreed to his terms. Whipple told his attorney where to find Shelley and soon after her lifeless body was found less than a block away from her home. While many are angry that Whipple is not facing the death penalty, the trade for information on Shelley’s whereabouts was approved by her family who desperately needed closure. Elizabeth “Lizzy” Shelley’s funeral is scheduled for Monday June 2, 2019, a day before Whipple appears before a judge in court.

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.