Posts Tagged ‘Homicide’

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Automobile Homicide Charge For Man Who Killed a Jogger in Millcreek, Utah

May
20
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah, Drugs in Utah
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A 20-year-old Holladay man has been charged with automobile homicide in connection with his alleged role in the death of a jogger last March.

The accused supposedly drifted across lanes and struck the victim, who was on the shoulder of the road. The man is facing several criminal charges including: automobile homicide, possession of a firearm by a restricted person and driving with a controlled substance in the body and causing death.

What Constitutes Automobile Homicide?

Criminal homicide is automobile homicide if a person causes someone else’s death while driving a vehicle in a criminally negligent manner while being under the influence of a drug or alcohol. You will be considered DUI in Utah if your blood or breath alcohol concentration is .08 grams or higher.

Being criminally negligent means that you act in such a way that you ought to be aware of a substantial and unjustifiable risk that certain circumstances exist or a certain result will occur. Also, the risk must be of a nature and degree that the average person would normally exercise reasonable judgment in the same circumstance.

Penalties

Automobile homicide under the above circumstances is a second degree felony. If you’re found guilty of automobile homicide, the penalty could be from 1-15 years in prison. If a person is found guilty of multiple felonies or misdemeanors, he could potentially serve many years in prison.

Talk to a Utah Criminal Defense Attorney

If you’re on the wrong side of the law, don’t wait to discuss your case with a Utah criminal defense attorney. It’s never too late to get the legal help you need and deserve.

The Utah Automobile Homicide Statute (U.C.A. 76-5-207) is found below:

(1) As used in this section:

(a) “Drug” or “drugs” means:

(i) a controlled substance as defined in Section 58-37-2;

(ii) a drug as defined in Section 58-17b-102; or

(iii) any substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle.

(b) “Motor vehicle” means any self-propelled vehicle and includes any automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.

(2) (a) Criminal homicide is automobile homicide, a third degree felony, if the person operates a motor vehicle in a negligent manner causing the death of another and:

(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;

(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or

(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation.

(b) A conviction for a violation of this Subsection (2) is a second degree felony if it is subsequent to a conviction as defined in Subsection 41-6a-501(2).

(c) As used in this Subsection (2), “negligent” means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances.

(3) (a) Criminal homicide is automobile homicide, a second degree felony, if the person operates a motor vehicle in a criminally negligent manner causing the death of another and:

(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;

(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or

(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation.

(b) As used in this Subsection (3), “criminally negligent” means criminal negligence as defined by Subsection 76-2-103(4).

(4) The standards for chemical breath analysis as provided by Section 41-6a-515 and the provisions for the admissibility of chemical test results as provided by Section 41-6a-516 apply to determination and proof of blood alcohol content under this section.

(5) Calculations of blood or breath alcohol concentration under this section shall be made in accordance with Subsection 41-6a-502(1).

(6) The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense.

(7) Evidence of a defendant’s blood or breath alcohol content or drug content is admissible except when prohibited by Rules of Evidence or the constitution.

(8) A person is guilty of a separate offense for each victim suffering bodily injury or serious bodily injury as a result of the person’s violation of Section 41-6a-502 or death as a result of the person’s violation of this section whether or not the injuries arise from the same episode of driving.

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Double Homicide in Utah

Dec
18
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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Police are searching for clues in what is believed to be a double homicide in Utah. The bodies were discovered after firefighters responded to a call that the victims’ house was on fire. Both victims had allegedly been shot, as well.

Photo: JMR_Photography

What Constitutes Criminal Homicide?

Criminal homicide in Utah is defined as:

• causing the death of another human being intentionally, knowingly, recklessly, with criminal negligence or a certain mental state

There are several types of criminal homicide in Utah, including:

• aggravated murder
• murder
• manslaughter
• child abuse homicide
• homicide by assault
• negligent homicide
• automobile homicide

Possible Penalties for Committing Criminal Homicide

Depending on the type of homicide a person is charged with or found guilty of, the penalties can be as follows:

• Third degree felony—up to five years in prison
• Second degree felony—1-15 years in prison
• First degree felony—five years to life in prison

• Class C misdemeanor—up to 60 days in jail
• Class B misdemeanor—up to six months in jail
• Class A misdemeanor—up to one year in jail

As you can see by these numbers, if you are found guilty of any crime you may be spending time in jail or prison. That’s why it’s extremely beneficial to hire a top Utah criminal defense attorney to help handle any criminal case you’re involved in.

Your reputation and freedom are priceless. You don’t need to be charged with a serious crime like homicide in Utah to make the right move and talk to a Utah criminal defense attorney today.

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Utah Man Arrested in Connection with Homicide

Nov
28
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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A Utah couple supposedly looking to get some money for Christmas is now in jail, the man under investigation for homicide and the woman for investigation into aggravated robbery.

Photo: JokiMon

Attempted Robbery of Drug Dealer

The couple is believed to have met up with a drug dealer in order to rob him, but the robbery went sour and the purported drug dealer ended up dead—possibly from a shotgun fired by the man. When police stopped the man’s truck later for traffic violations unrelated to the homicide, they discovered he had blood on his clothes.

He was able to escape from law enforcement for a time, but they eventually found him. It’s reported that the woman may have shown police where the man discarded the shotgun suspected to have been used in the homicide.

Aggravated Murder Can be Charged in a Variety of Ways

Aggravated murder can be charged under a number of different circumstances. One possibility for an aggravated murder charge is when a homicide is committed in conjunction with the commission or attempted commission of aggravated robbery.

In this situation, the man accused of homicide reportedly told police that he shot the other man in self-defense. The Utah Code notes that it is a possible defense that an individual caused the death of another person under a reasonable belief that his actions were justified, even though his conduct wasn’t legally justifiable or excusable under the conditions.

Also, a person convicted of aggravated murder based on an extenuating circumstance (such as aggravated robbery) can be convicted of and held accountable for the separate offense.

Talk to a Utah Criminal Defense Attorney Today

Any criminal charge should be considered significant enough to retain the services of a top Utah criminal defense attorney. Don’t let anyone convince you that your case doesn’t warrant expert legal representation. Make the right call—contact a Utah criminal defense attorney today.

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Murder Plea After Discovery of Decomposing Body

Nov
06
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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A Utah man pleaded guilty to murder after police discovered the decomposing body of his brother in the mobile home they shared.

Photo: Keith Riley-Whittingham

The Backstory

The man apparently shot his brother several times and then put the body in a room and sealed the room off from the rest of the house. The accused stated that he has an addiction to prescription painkillers and killed his brother for reasons related to that addiction. Upon request, the man received an immediate sentence of 15 years to life in prison.

There are Multiple Types of Criminal Homicide

Murder is one type of criminal homicide that a person may be charged with. You may be guilty of criminal homicide if you intentionally, knowingly, recklessly, with criminal negligence or acting with a particular mental state cause someone’s death.

Other types of criminal homicide include:

• Aggravated murder
• Manslaughter
• Child abuse homicide
• Homicide by assault
• Negligent homicide
• Automobile homicide

The death of an unborn child is not criminal homicide if the death was caused by the mother’s criminally negligent or reckless act or as long as it wasn’t an intentional or knowing act of the woman. Also, an unborn child’s death isn’t criminal homicide solely because the person refused to consent to medical treatment or a cesarean section or failed to follow medical advice.

Talk to a Criminal Defense Attorney

You don’t have to be charged with murder to consult with a Utah criminal defense attorney. No criminal charge is too minor to get the advice of legal counsel. Taking time to talk to a Utah criminal defense attorney can give you peace of mind and may help you achieve the best possible outcome for your case.

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Negligent Homicide Plea in Utah Death

Oct
23
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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A Utah man has pleaded guilty to negligent homicide in the May 2012 shooting death of his younger brother.

Photo: Greg Peverill-Conti

In addition to the negligent homicide plea (a class A misdemeanor), Eric Charlton also pleaded guilty to carrying a weapon while intoxicated, which is a class B misdemeanor. The pleas came after Charlton was originally charged with manslaughter, a charge which was reduced by the district court judge presiding over Charlton’s case.

The younger brother was killed when a gun in the possession of the defendant unexpectedly discharged. Charlton has expressed a great deal of remorse, and the prosecution has requested that any sentences given to the defendant run concurrently.

A class A misdemeanor conviction carries a potential penalty of up to one year in jail, while pleading guilty to a class B misdemeanor can come with a sentence of up to six months in jail.

Regardless of what you are charged with, this story shows how beneficial it is to have a Utah criminal defense attorney on your side. We don’t know what might have happened to this man charged with negligent homicide if he hadn’t been represented by an experienced attorney who was able to better communicate with the prosecution and the court.

If you’re facing any criminal charges, don’t try to go at it alone. It’s worth your time to consult with a top criminal defense attorney who is trained to deal with judges and law enforcement. Don’t worry about your past mistakes; make the right move and talk to a Utah criminal defense attorney today.

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Utah Legal Definition Murder

Sep
10
Utah Criminal Defense Blog, on the topic of  Legal Process
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In Utah, homicide includes directly, accidentally, or intentionally causing the death of another human being. Accidental cause of death can be defined as being the driver of a bank robbery, in which someone dies. Although they never shot anyone or went inside of the bank, they could be charged with felony murder. 

Homicide also includes causing the death of a human being through gross negligence. For instance, a person operating a vehicle while intoxicated may be charged with negligent homicide if they kill someone in an accident.

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Utah Man Arrested for Investigation of Murder

Aug
06
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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A Utah man has been arrested following a situation where several people were shot, with one person dead at the scene.

Photo: Ed Schipul

What Happened?

The man under investigation of murder was allegedly in a shoot-out with the dead man when two others were caught in the crossfire. The other two who were shot have, at this point, survived, but one may be paralyzed.

Police noted that it seems there were likely several people present when the shooting took place, but many ran off. Law enforcement is still looking for those witnesses.

It appears that the man arrested for investigation of murder had a previous run-in with the law, but we don’t know anything about the man who was killed. Police are still looking for a motive behind the shooting.

Thoughtful Investigation a Must

This situation will require careful investigation, and hopefully the police will thoroughly explore all avenues while investigating. For all we know, the man who’s been arrested may have shot in self-defense—the sequence of events is still up in the air.

The law can be a little confusing when it comes to murder. There are various types of murder, all which fall under the classification of criminal homicide. Criminal homicide includes:

• Aggravated murder
• Murder
• Manslaughter
• Child abuse homicide
• Homicide by assault
• Negligent homicide
• Automobile homicide

These various types of homicide have different legal definitions and different potential consequences. Much depends on the circumstances surrounding the homicide.

It is vital that you contact a Utah criminal defense attorney if you or a loved one is charged with any type of homicide in Utah. You deserve the expert services a criminal defense attorney can provide, regardless of what you’ve been charged with. Let a Utah criminal defense attorney handle your case and represent you at a difficult time. Make that important phone call today.

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Guilty Plea for 2004 Manslaughter in Utah

Dec
19
Utah Criminal Defense Blog, on the topic of  Crimes
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A 75-year-old woman recently pleaded guilty to shooting and killing her husband in 2004. Although she was originally charged with first-degree felony murder, Evelyn Johnson ended up pleading guilty to manslaughter, a second-degree felony.

Photo: Daniel Oines

What Happened?

Johnson allegedly shot her husband several times the day after he had served her with divorce papers. A daughter asserted that Johnson had been abused throughout the marriage to Alan Johnson.

There was a competency question concerning Johnson early on in the case, and she was sent to the state mental hospital. Johnson has been released and is now awaiting sentencing.

Manslaughter Plea

With her guilty plea to manslaughter, Johnson likely faces 1-15 years in prison, as opposed to a minimum of 5 years to life in prison. It’s impossible to know what the judge who sentences her will decide is an appropriate consequence. Even though Johnson and her daughter allege that there was abuse, prosecutors noted that there were never any domestic violence reports made to the police during their marriage. However, some spouses (both women and men) keep their silence when there is domestic violence.

Let a Criminal Defense Attorney Do Your Talking

If you have been or think you might be charged with a crime, whether manslaughter or something else, it’s important to get legal advice immediately. You needn’t wait until you are arrested to consult with a Utah criminal defense attorney. Let an attorney inform you of your options and do any talking for you. If there are mitigating circumstances in your case, he should be aware of them. Protect yourself and contact an experienced criminal defense attorney today.

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Indictment in Uintah County Shooting

Dec
09
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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A federal grand jury has handed down an indictment for Colin Rian Manning for his alleged involvement in a Uintah County shooting this past summer that left one man dead and another man injured. Manning’s previously-sealed indictment included charges for second-degree murder, aiding and abetting, assault and use of a firearm—all within Indian Country.

Photo: Justin Henry

Last June, James Edward Carey was killed and Jared R. Hurley was seriously injured when they were allegedly shot by Bruce Silva. Manning is the seventh person charged in this case, but since he is a member of the Ute Indian Tribe, he will be tried in federal court. Manning was interviewed after the shootings, but his whereabouts are currently unknown.

The other individuals in this case, four men and two women, did not receive a federal indictment and will be tried in state court. They have all been charged with murder and attempted murder and are in the Uintah County jail awaiting trial.

In Utah State court, murder is usually a first-degree felony, but the level of charge can vary depending on what is filed by the prosecution. A first-degree felony murder conviction can carry a punishment of 15 years to life in prison.

When a person is charged with murder, they are actually being charged with one kind of homicide. Homicide covers all types of wrongful death situations. Homicide is the “umbrella” under which murder, manslaughter, negligent homicide, et cetera fall.

If you or a loved one has been charged with any type of crime, you need to contact a Utah criminal defense attorney immediately. It is important to have an attorney who can advise you of your rights and speak with law enforcement on your behalf. You needn’t wait until you have been arrested and put in jail. Call a criminal defense attorney today.

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Homicide in Utah

Sep
16
Utah Criminal Defense Blog, on the topic of  Crimes
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Is there a difference between murder and homicide? Murder is actually one type of homicide. Chapter 5 of the Utah Criminal Code discusses what constitutes Offenses Against the Person, as well as the charges that go along with each particular crime.

With a few exceptions, criminal homicide is defined as causing the death of another human being, including an unborn child at any stage of its development, intentionally, knowingly or recklessly, with criminal negligence or acting with a particular mental state (which is otherwise specified in the statute).

Criminal homicide is:

• aggravated murder;
• murder;
• manslaughter;
• child abuse homicide;
• homicide by assault;
• negligent homicide; or
• automobile homicide.

Murder is a first-degree felony, while a person found guilty of aggravated murder may receive the death penalty. Manslaughter is a second-degree felony. Child abuse homicide committed recklessly is a first-degree felony; if the child abuse that results in a death is done with criminal negligence, the charge will generally be a second-degree felony.

Homicide by assault occurs when a person causes the death of another while intentionally or knowingly attempting, with unlawful force or violence, to do bodily injury to another. This type of homicide is a third-degree felony.

Negligent homicide is the result of a person acting with criminal negligence who causes the death of another individual. It is considered a class A misdemeanor. A Utah mother was recently charged with negligent homicide following the drowning death of her seven-month-old child. She alleged left the baby alone in bathwater for over 16 minutes.

Automobile homicide is frequently charged as a third-degree felony or second-degree felony, depending on the circumstances surrounding the incident (such as the accused’s use of alcohol or participating in texting, emailing, etc.).

Contact a Utah criminal defense attorney immediately if you have been charged with any crime, regardless of the circumstances surrounding the alleged crime. Don’t wait to get the legal help you need.

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