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SALT LAKE CITY -- It's been almost three years since an escape attempt left a Utah corrections officer dead.
Tuesday the man accused of that murder, Curtis Allgier, appeared in court -- one step closer to possibly being given the death penalty.
In day one of a four-day preliminary hearing, the defense raised questions about whether the victim, Stephen Anderson, violated policy when it came to transporting the prisoner, Allgier, to the hospital for an MRI back in June of 2007. Allgier is accused of shooting and killing Anderson with his own gun before fleeing the hospital.
June 25, 2007Family, Department of Corrections Mourn Loss of Officer
June 25, 2007Allgier Called a Friend with Alleged Confession
June 26, 2007Police: Allgier Killed Officer to Avenge Death of Fellow White Supremacist
June 27, 2007Curtis Allgier Speaks From His Jail Cell
June 29, 2007Sticking Points in Case Against Curtis Allgier
July 2, 2007Prisoner Accused of Killing Officer Appears in Court
Sept. 7, 2007Preliminary Hearing Set for February 20
Jan. 29, 2008Allgier hearing postponed
March 6, 2008 Lawyer asks to be removed from Allgier case
June 22, 2008Public defenders to continue representing Allgier
July 12, 2008Judge steps down from Allgier case
Jan. 13, 2009Accused killer wants new lawyers
Jan. 30, 2009Murder suspect avoids court due to handcuff issue
Feb. 27, 2009Allgier's lawyers in court over letter
March 13, 2009Judge orders Allgier letter unsealed
Aug. 15, 2009High court to review Utah prison guard murder case
March 23, 2010Death penalty sought for inmate in guard's killing
March 24, 2010Man facing death penalty for officer's death to be married
A captain with the Utah Department of Corrections testified it was policy to transport with two prison guards, but for some reason Anderson took Allgier alone. The captain also testified the transport order had cautions about Allgier's affiliation with a white supremacist gang, and also that he was a possible escape risk.
The man who ran the MRI scanner that day testified that when Allgier arrived he had chains on his ankles and waist as well as handcuffs. But when he changed into a hospital gown he did not have any restraints at all, which is also against policy for the department of corrections.
The man also testified that testified that after the MRI, Allgier and Anderson went back to the changing room. He heard wrestling and chairs slamming into the wall, then he heard two gunshots.
Tricia Tower, a friend of Allgier's, testified he showed up to her Salt Lake City home the day of the murder, saying he had just shot a cop and needed a place to hide. Tower said she gave Allgier a change of clothes, and he left his orange jumpsuit at her house and took off running.
Prosecutors have charged Allgier with capital murder for the shooting, along with seven other felonies, and plan to seek the death penalty in this case.
Prosecutor Bob Stott said, "Just glad to be able to start this process. It's been two-and-a-half years, and we're finally bringing some witnesses before the court."
After the hearing, the judge will determine if there is enough evidence for Allgier to stand trial.
Allgier, who is heavily-tattooed, sat quietly with his attorneys. He often leaned over to talk to them.
There was about an hour delay Tuesday morning for the hearing because there was some concern, we're told, about Allgier wearing a bulletproof vest. His attorney said he did not want to wear one and attorneys were advised Monday there were no threats made against Allgier's life.
Anderson's family was in court, including his daughter Sherie. The family says they support the prosecutors' decision but they are focused on their family, not Allgier.
"It's difficult to kind of rehear the events that happened that day, and obviously in a lot more detail than we have ever had," Sherie said.
The family told KSL they may be making a statement after Tuesday's proceedings.
The hearing will continue Wednesday morning.
E-mail: syi@ksl.com
