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 Information in the story may be outdated or superseded by additional information.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 — The man's victim sat patiently in the courtroom, a folder holding the letter she would read when the time came.
The packed courtroom dwindled in size until it was only her, the family and friends that flanked her, a handful of attorneys, court personnel, reporters and those supporting David Serbeck, the man found guilty of having sex with her when she was still a teenager.
Serbeck was convicted by a jury of three counts of unlawful sexual activity with a 16- or 17-year-old, a third-degree felony, in March.
Friday was scheduled as a sentencing hearing, but attorneys called the victim, now 22, into the hallway to talk with her. When she returned, her face — calm and patient not moments before — was set and emotionless.
"We have some reports we need to obtain," defense attorney Scott Berrett said. "We're asking the court to continue this to next week."
From the time I've been on the case, there hasn't been a (competency) concern. But mental illness can rise and fall at any moment. … You can't sentence someone who isn't competent.
–Alicia Cook, prosecutor
Serbeck entered the courtroom in his wheelchair and listened as a new date was set for June 1. He looked into the court gallery and shook his head as he was returned to the holding cell.
Third District Court Judge Elizabeth Hruby-Mills asked that those supporting Serbeck and those supporting the victim leave the courtroom at separate times.
Prosecutor Alicia Cook later said the continuance was caused by concerns about Serbeck's mental health and defense attorneys will have to file a petition asking for a competency review.
"From the time I've been on the case, there hasn't been a (competency) concern," she said. "But mental illness can rise and fall at any moment. … You can't sentence someone who isn't competent."
Serbeck, 39, was convicted for sexual activity that took place in 2007, but the man's victim didn't come forward until 2009, after Serbeck was paralyzed in a Bluffdale shooting.
The woman said she came forward to help the man who shot and paralyzed Serbeck, Reginald Campos. Campos was convicted of attempted murder for shooting Serbeck in July of 2009. Serbeck and another man were patrolling their neighborhood in an SUV when they came across two teenage girls walking — one of whom was Campos' daughter. The daughter said the same SUV later aggressively followed her, prompting her to tell her father. The father then grabbed his gun and drove around looking for the vehicle.
Serbeck said he had merely stopped to check on the girls and later followed the vehicle they were in because it matched the description of a vehicle suspected in a rash of burglaries.
Campos confronted the men and fired two shots at Serbeck, severing his spine and paralyzing him from the waist down.
During Serbeck's trial, his victim testified she had sex with Serbeck — who was her neighbor — three separate times in the summer of 2007. The woman knew Serbeck and his children and came by their home to look at snakes they kept there.
The relationship ended after a friend discovered nude pictures on her phone and told her parents.
Serbeck insisted there was nothing sexual between them.
