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PRICE — A judge has ordered three people to stand trial on murder charges in connection with the death of a Carbon County man whose body was found after a fire gutted a house in Price.
Judge George Harmond ruled Friday that there was sufficient probable cause to bind over James Pendleton Jr., Michael Dees and Ashley Platt for trial on charges of murder, kidnapping and conspiracy. Harmond also ordered Pendleton to stand trial on an aggravated assault charge.
The judge's ruling was based on testimony and evidence presented during an October preliminary hearing for Pendleton, Dees and Platt. Investigators believe the trio kidnapped Brian William Swink on July 29 and locked him in the basement of the house where Pendleton lived.
Pendleton is also accused of beating Swink, 32, with a baseball bat. Swink, who was Pendleton's cousin, was still in the basement when investigators believe he started the fire that ultimately claimed his life.
During Friday's hearing, Carbon County Attorney Gene Strate argued that Pendleton, Dees and Platt should be tried for murder because Swink died during a kidnapping. The prosecutor described the basement as "a dungeon" and told the court that Swink had been locked in there to "terrorize him" and to prevent police from learning that Pendleton had beaten him.
"They were either attempting to delay the discovery of that aggravated assault or they were attempting to prevent the police from finding out that there had been drug usage at the house that night," Strate said.
Attorneys for Pendleton, Dees and Platt countered that their clients did not test positive for drugs after their arrests. An autposy did find drugs in Swink's system though, according to defense attorney Robert Oliver, who represents Platt.
They were either attempting to delay the discovery of that aggravated assault or they were attempting to prevent the police from finding out that there had been drug usage at the house that night.
–Carbon County Attorney Gene Strate
Oliver added that witnesses testified Swink went down to the basement on his own and was not being held against his will.
"This wasn't the dreary basement that it's been painted as," Oliver said. "This was a place that Mr. Swink frequently came to and was familiar with. And, again, I think it's undisputed that Mr. Swink is the one who started the fire."
Pendleton called 911 to report the fire, telling dispatchers that a man he had beaten up in a fight was locked inside the burning home, according to a recording of the call. When firefighters reached the house, Pendleton allegedly told them the man locked in the basement was armed with a handgun.
While firefighters waited for police to secure the house, Pendleton broke through the basement door, but smoke and flames made entry impossible, according to investigators. An autopsy determined that Swink died of asphyxiation from smoke inhalation.
Strate said detectives believe Swink angered Pendleton because he took Pendleton's truck without permission or possibly because he may have threatened Platt, who is Pendleton's girlfriend.
Pendleton, Dees and Platt remain in the Carbon County Jail. They are due back in court Feb. 4, when Harmond will decide whether to hold one trial for all three defendants or have their cases tried before separate juries.
