Estimated read time: 4-5 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 Information in the story may be outdated or superseded by additional information.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 — A teenage boy accused of luring a 12-year-old girl from her home before raping and strangling her with her own clothes has been found incompetent to face the charges against him.
The boy, who turned 17 last month, is charged in juvenile court with first-degree felony counts of aggravated murder and rape of a child in the case of Kailey Vijil. He was 15 years old at the time.
Third District Juvenile Judge James Michie announced Friday that the boy suffers from multiple mental disorders and limited cognitive abilities, all of which currently prevent him from adequately communicating with his attorneys, understanding the allegations against him or comprehending the judicial process.
"The minor suffers from specific limitations and deficits, which are real, and in some cases significant," Michie said.
However, the judge expressed his belief that while the teen is not competent to face the charges at this time, he may be in the future.
Meanwhile, Kailey's family said through their attorney Friday that their daughter has been forgotten as the case has stood frozen in court.
"The hard thing for the family is it's been nearly a year and half since the crime, and Kailey has been forgotten in all of this. It's been all about the defendant," attorney Spencer Banks said Friday. "They just want everyone to remember they lost this completely innocent girl."
While Banks said the family is deeply disappointed and disagrees with the judge's ruling, they respect it and will hold out hope that the case will eventually progress.
"They are optimistic that justice for Kailey will be served eventually. It's just delayed. They're just looking at this as a bump in the road," he said.
The family hopes their daughter will be remembered as a kind and generous child who served others and loved animals.
Banks acknowledged that, in fact, it may have been the girl's unfailing willingness to help animals that made her the perfect target for the boy, who police say went to Kailey's door late at night on July 17, 2015, and asked her to help him look for a lost cat.
Kailey's body was discovered by searchers about three hours later in a horse pasture near her home. A search warrant revealed the young girl was found naked, her Batman pajamas strewn on the ground near her body, and a shirt wrapped around her neck. Evidence on her body, including blood and fresh scratches, signaled a possible sexual assault, police wrote.
A medical examiner determined Kailey died of strangulation.
Related:
Attorneys for WVC teen question client's understanding of murder charge
The 15-year-old sat next to his attorney, mostly staring blankly and occasionally nodding his head when the judge asked if he understood.DNA evidence on Kailey's body matched the teen, according to court documents. The boy later told police that he was in the field with Kailey during the time she was missing.
Neighbors and West Valley police said the boy had attempted to entice several other young girls out of their homes with the same story before finding Kailey.
KSL has chosen not to name the boy at this time.
The teen's attorneys have said since his initial court appearance that they don't believe he understands what is happening in the case.
As the decision was read, the boy sat silent where he was shackled near his attorneys, blinking rapidly.
The courtroom was tense and quiet Friday, packed with family on both sides of the case to hear Michie's decision following the five-day competency hearing that wrapped up Monday.
The five days of proceedings were entirely closed to media and the public.
According to Michie's statement Friday, the competency hearing included four days of testimony from 10 witnesses, including three experts who each conducted competency evaluations for the boy.
Their opinions about the boy's competency varied, Michie said.
A hearing has been scheduled for Jan. 17 to address plans moving forward to restore competency, and what will happen with his detention during that time. The boy has been held in a juvenile detention facility since his arrest.
Members of Kailey's family, however, say that if the boy was capable to execute the "elaborate plan" that led to the girl's death, he should be able to face the allegations against him in court, Banks said.
"Considering the decisions he had to make in carrying out this crime, it's hard to understand how he can't be deemed competent," he said.
Banks said that only Kailey's mother, Deshaun Undergust, was prepared for the judge to rule the teen was not competent to face the charges. The rest of the family, however, believed the case was finally about to take a step forward. As Michie announced his decision, one man among the family cursed, shaking his head.
"The case hasn't even started. It can't start until he's competent," Banks said. "Ultimately, they're hopeful that the case will proceed and justice will be served."
Both prosecutors and defense attorneys declined to comment on the case as they left the courthouse Friday.
Prosecutors have said they will seek to have the teen certified to face the charges as an adult. However, that question can't be addressed until the boy is found competent.
