Judge won't drop murder charge for 2 teens accused in officer's death

Judge won't drop murder charge for 2 teens accused in officer's death

(West Valley City Police Department)


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SALT LAKE CITY — Echoing a decision from earlier this week, a juvenile court judge denied a motion to drop murder charges against two of three teenagers accused in the death of West Valley police officer Cody Brotherson.

Defense attorney David Brown repeated the argument made Wednesday, claiming prosecutors have not provided sufficient detail to back the murder charges filed against the teens.

Third District Juvenile Judge Kim Hornak denied the motion, as she did Wednesday for the first teen, a 15-year-old boy.

Police say the three boys — two brothers, ages 14 and 15, and another boy who has since turned 16 — were fleeing from West Valley police in a car they had just stolen on Nov. 6 when they hit and killed Brotherson near the intersection of 4100 South and 2200 West.

Brotherson was attempting to lay down spike strips to stop the car his fellow officers were chasing. At least one officer saw that vehicle swerve toward Brotherson, striking him and likely killing him on impact.

While prosecutor Jennifer Mitchell said a probable cause statement filed at the time the teens were charged sufficiently lays out the necessary details about when, where and how the crime allegedly occurred, Brown argued that the state hasn't fully laid out what evidence backs different elements of the murder charge.

Brown also noted that the state hasn't identified who they believe was driving the car that struck and killed Brotherson, while Mitchell said prosecutors have made it clear the teens are all charged as parties to the same alleged crimes.

To Brown's concern that the defense teams need to discern what evidence is tied to the murder charge among massive amounts of information in the case — more than 100,000 pages, 2,000 photos, 40 hours of video and 10,000 files from social media accounts — Hornak granted a motion requiring prosecutors to file a "bill of particulars" to give more detail about the charge.

As the hearing ended, Brown noted that because the teens are all expected to proceed to three separate bench trials in juvenile court — prosecutors are not currently seeking to have the boys face the charges as adults — it may be necessary to find three separate judges to hear the cases.

Hornak told Brown he can raise the question at the teens' next hearing on July 10.

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