Estimated read time: 3-4 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
SALT LAKE CITY — Whether Curtis Allgier puts on weight or not, he will face trial in June 2012 — nearly five years after he allegedly shot and killed a corrections officer.
The 32-year-old man's weight was a topic of discussion in court Tuesday as attorneys mentioned a motion that would see to it that Allgier is fed more meals at the Salt Lake County Jail in an attempt to return him to the weight he was in 2007. It was June of that year when Allgier is accused of shooting and killing corrections officer Stephen Anderson, 60.
Defense attorney Richard Gale said the motion would allow Allgier to "receive additional food so he could gain weight to appear the way he did at the time of the crime."
Gale said Allgier's weight matters because Allgier has long claimed that he went to a fast-food restaurant to surrender. The man who said he was able to disarm Allgier was, at the time, much smaller than Allgier.
He said Allgier is losing weight in jail and is now well below the weight he was when he was taken into custody.
Prosecutors said they will meet with jail officials to determine whether this is possible, but otherwise did not oppose the motion. If needed, a hearing on the matter will be held Aug. 30.
Third District Judge Paul Maughan set a beginning trial date in the case for June 4, 2012.
"If (Allgier) gains weight, wonderful," Maughan said. "If not, that's not going to affect this court's proceeding."
Anderson was escorting Allgier from prison to a medical clinic on June 25, 2007. After completion of an MRI, prosecutors say the inmate took Anderson's gun following a struggle. Anderson was shot in the head and chest. Allgier then fled the clinic, carjacked a vehicle, led police on a high-speed chase and was eventually captured at a fast-food restaurant, police say.
Allgier was charged with capital murder and seven other felonies. The Salt Lake County District Attorney's Office has said it will seek the death penalty if Allgier is convicted.
Gale said Allgier's weight matters because Allgier has long claimed that he went to the fast-food restaurant to surrender. The man who said he was able to disarm Allgier was, at the time, much smaller than Allgier. Currently, the men are closer to the same size.
"Thirty pounds (makes that testimony) much more unlikely," Gale said.
Allgier is down about 30 to 50 pounds from his 2007 weight. Gale said part of the problem is that he receives smaller portions and fewer privileges because he is in maximum security.
"He wants to do this," Gale said of his client's view of the weight gain.
Prosecutor Robert Stott said the state is happy to see the case move forward.
"We're just anxious and glad we have a trial date," Stott said.
An evidentiary hearing has been scheduled for Oct. 27 to discuss other pending motions in the case. Defense attorneys said they will also have their trial experts listed by January. Gale said they will include a mental health expert, an expert in crime scene reconstruction and someone who can speak to corrections culture — which Gale said will help explain Allgier's many tattoos.
"Curtis was not always who he is now," he said.
Email:emorgan@ksl.com
