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PROVO, Utah (AP) -- Eric Bierly has been bound over for trial on an attempted murder that alleges he tried to kill his girlfriend by beating her head against the floor.
Bierly, 38, also was ordered to stand trial on a charge of assault by a prisoner. He was accused of attacking a policeman.
Following the conclusion of the preliminary hearing, which had been continued from Feb. 1, Bierly pleaded not guilty to the charges and trial was set for Feb. 28.
According to police, Bierly had threatened to kill his girlfriend, hit her head against the floor and a doorway, and then choked her until she blacked out in a Provo motel room.
Defense attorney Michael Petro questioned the woman's story, saying she told hospital workers she had consumed a 12-pack of beer that day.
Petro also argued that while Bierly may have been violent toward his girlfriend, his intent was not to kill her, and an assault charge was more in line with the evidence than attempted murder.
"They rely too much on the allegation that he said he wanted to kill her. That goes on all the time in fights," Petro said. "I think the state has failed to prove Mr. Bierly's intent was to kill the victim."
Judge Samuel McVey disagreed and said, "When you consider all the things that could be a use of deadly force, there is probable cause to believe he intended to kill her."
(Copyright 2006 by The Associated Press. All Rights Reserved.)
