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SALT LAKE CITY — The state's high court has found that the appeal of a teen who was charged with murder at the age of 16 is moot because he is now an adult.
The issue was before the court in the case of Ricky Angilau, a Kearns teen who allegedly shot another boy to death during a 2009 fight. He was charged as an adult with murder, a first-degree felony, in 3rd District Court under a state statute which allows those 16 and older facing charges of an "offense which would be murder or aggravated murder if committed by an adult" to be tried as adults.
Angilau was placed in a juvenile detention center following his arrest but was moved to an adult jail three months later, where he has since been awaiting trial.
His attorneys argued that housing him with adults was a violation of both the U.S. and Utah constitutions.
But in the ruling issued by the Utah Supreme Court Tuesday, Supreme Court Justice Matthew Durrant wrote that since the justices heard arguments in the case, the Legislature has amended the law.
"The amended section now specifies that '(c)hildren charged with crimes under (the Automatic Waiver statute) … shall be detained in a jail or other place of detention used for adults.'"
He also pointed out that Angilau is now 18 and an adult under the law. He wrote that even if they were to "resolve the issues" presented by Angilau's attorneys, the court could not grant him any relief as he is now an adult.
They also said that "the statutory claims are unlikely to recur" and thus did not require further explanation. They ultimately denied Angilau's petition for relief.
In January, the Utah Supreme Court also ruled that the automatic waiver, or direct file statute, which allows prosecutors to file charges such as murder against a 16- or 17-year-old that place the youths directly into district court, where they are legally regarded as adults, was constitutional.
Angilau's case moved closer to trial for the first time in two years when a preliminary hearing was slated for March 8.
E-mail: emorgan@desnews.com
