Bail denied for teen charged with shooting Deserae Turner

Bail denied for teen charged with shooting Deserae Turner

(Spenser Heaps, Deseret News, File)


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LOGAN — Bail was again denied Tuesday for a 16-year-old boy accused of luring a 14-year-old girl to a secluded canal and shooting her in the head.

Michael McGinnis, newly appointed attorney for 16-year-old Colter Peterson, argued that the teen does not present a flight risk and could safely be released to his parents through use of an ankle monitor, according to state court records.

Cache County Attorney James Swink opposed the bail motion, reading from findings in juvenile court that Peterson was allegedly a "primary actor" in plotting and carrying out the attack on 14-year-old Deserae Turner, and detailing the careful planning that police say went into it.

First District Judge Kevin Allen referred back to findings in juvenile court as he continued to deny bail for the teen, noting that circumstances have not changed since Peterson was transferred from the juvenile system two weeks ago, according to court records.

During separate preliminary and retention hearings for Peterson and his 16-year-old friend, Jayzon Decker, who face the charges against them as adults, 1st District Juvenile Judge Angela Fonnesbeck ordered no bail for both teens. They remain in custody in Cache Valley's youth detention center.

According to police, the boys lured Deserae to join them after school on Feb. 16 under the guise of buying a knife, shot her once in the back of the head at close range, stole her belongings and left her in a dry section of a dirty canal in Smithfield.

Peterson told police he became annoyed by Deserae's frequent Snapchat messages, leading Decker to suggest they get rid of her, according to testimony in preliminary hearings in March.

Deserae survived the shooting, but her mother has testified in court that the girl has been left with permanent and devastating damage to her health, mobility and quality of life, and now requires constant supervision.

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Peterson and Decker, both Sky View High School students, are charged with attempted aggravated murder and aggravated robbery, first-degree felonies, and four counts of obstruction of justice, a second-degree felony.

As she transferred Peterson to the adult system, Fonnesbeck voiced concern at the level of interest the teen showed in violence, including searching out videos online of graphic beheadings and information about infamous killers.

McGinnis also requested a trial date be set Tuesday as Swink noted that Deserae's family is asking for a speedy disposition in the case.

"They are interested in justice being done, but they don't want it to be protracted for an unreasonably long period of time," Swink said.

A nine-day jury trial for Peterson is set to begin Nov. 1.

Swink confirmed Tuesday that prosecutors have not ruled out negotiating a plea deal in the case, but any resolution would require a lengthy incarceration for Peterson.

Decker, who prosecutors have said first came up with the idea to harm Deserae, returns to court Wednesday. His attorney, Shannon Demler, is also expected to request bail.

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