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SALT LAKE CITY — Sentencing for a man convicted of killing a South Salt Lake woman in 2015 was delayed Tuesday because a presentence report wasn't done properly, according to the judge.
Dil Bahadur Magar, 26, of South Salt Lake, pleaded guilty in November to murder, a first-degree felony, for the death of Bhoti Subba, 38, in July 2015. Subba was strangled with an electric cord in her bed.
Magar speaks Nepalese, and an interpreter is required at each of his court hearings.
But when an agent for Adult Probation and Parole interviewed Magar for her presentence report in preparation for Tuesday's hearing, there was no interpreter present, said defense attorney Charles Corry.
Furthermore, the AP&P agent who prepared the report made a recommendation of life without the possibility of parole, a sentence that Magar isn't eligible for under the guidelines. His sentence will be 15 years to life with the possibility of parole when he is finally sentenced.
Third Distinct Judge Ann Boyden said even if the agent who prepared the report made a communication error and was simply trying to say that she recommended Magar serve the majority of his sentence, an "illegal recommendation" was made and the report was too "problematic."
"This is a very serious case,” Boyden said. "I need to have the clearest, more accurate presentence information."
In July of 2015, family members asked police to conduct a welfare check on Subba after not being able to contact her all weekend. Police found Subba's body in her home, 2860 S. 200 East, and no signs of forced entry. DNA evidence led to Magar's arrest.
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Man pleads guilty to strangling South Salt Lake woman in her home
A man accused of strangling a South Salt Lake woman in her home has pleaded guilty to murder.Before defendants are sentenced in major cases, a presentence report is conducted by AP&P, which includes interviewing the convicted person. In Magar's case, the interpreter did not show up when scheduled, but the agent went ahead with the interview anyway.
Salt Lake County Deputy District Attorney Michael Colby says attorneys have spoken to Magar in English before.
"Whether his responses are something to really rely on because he really understands everything, I can't say. I don't know," Colby said.
Whether his responses are something to really rely on because he really understands everything, I can't say. I don't know.
–Michael Colby, Salt Lake County Deputy District Attorney
Because of that possible language barrier, Boyden said she was concerned that statements made by Magar during in the presentence report might not be accurate. In court, Colby admitted that Magar made statements that "might not be favorable to him," but declined to say outside the courtroom what exactly his comments were.
Boyden said she had the same concerns about the comments and ordered a new presentence report be prepared by a new person. His sentencing was rescheduled to March 7.
