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SALT LAKE CITY — Prosecutors announced their intent Monday to seek the death penalty for a man accused of killing a fellow inmate in the Utah State Prison last year.
Ramon Luis Rivera, who turns 32 on Friday, is charged with aggravated murder, a first-degree felony, in the death of 24-year-old Jeffrey Ray Vigil.
Charging documents say Rivera stabbed Vigil — allegedly a rival gang member — "several times," put him in a chokehold until he lost consciousness, and then stomped on or kicked his head more than 70 times. The attack was recorded by jail surveillance cameras, charges state.
If Rivera is convicted, a judge or jury must weigh evidence in the case before handing down either a death sentence, or a sentence of life in prison with or without a possibility of parole.
Vigil was attacked in a common area of the Oquirrh 1 housing unit on the evening of March 14, 2016, according to the Utah Department of Corrections. He died the following morning at a local hospital.
In a $20 million civil rights lawsuit filed in U.S. District Court last September, Vigil's widow, Chelsie Vigil, accused the Department of Corrections of endangering her husband.
According to the lawsuit, Vigil was moved from maximum security into the Oquirrh unit despite concerns he raised with prison officials that the area housed members of the rival Titanic Crip Society gang. The lawsuit claims that prison records had documented that Vigil was a member of the Ogden Trece gang.
Last month, attorneys for the Utah Attorney General's Office successfully argued to have the Department of Corrections and its employees "in their official capacities" dismissed from the lawsuit.
The case is ongoing against Scott Crowther, who at the time was the prison's warden, and 12 employees "in their individual capacities." A new hearing has not been scheduled.
In addition to the aggravated murder charge, Rivera is charged with two counts of possession of items prohibited in correctional facilities, a second-degree felony.
Rivera's criminal history includes convictions for attempted aggravated murder in an August 2009 shooting in Clearfield, assault by a prisoner, felony drug possession, burglary, theft, attempted theft and attempted absconding.
Rivera's next court date is Oct. 23.
Another inmate charged in connection with Vigil's death, Albert Collin Fernandez, 39, is accused of punching and kicking Vigil in the head multiple times, and blocking Vigil from fleeing while Rivera stabbed him, charges state.
Fernandez is charged with murder, a first-degree felony, and obstructing justice, a second-degree felony, for his alleged role in Vigil's death. If convicted, the murder charge carries a potential prison sentence of 15 years to life.
A murder charge does not allow for the death penalty in Utah, as opposed to a charge of aggravated murder.
A three-day jury trial for Fernandez is scheduled to begin Jan. 8, with a final pretrial conference set for Dec. 22.
Fernandez has a substantial criminal history in Utah that includes guilty pleas to assault by a prisoner, kidnapping and robbery, court records show. He has also been convicted of assault, theft, felony drug possession, attempted tampering with a witness or juror, attempted riot, attempted possession of a dangerous weapon by a restricted person, and failing to stop at the command of a police officer, among other crimes.
At the time of his death, Vigil had been incarcerated since June 2, 2015, on a parole violation. His criminal history includes convictions for theft by receiving stolen property, failing to stop at the command of a police officer and drug possession.
Vigil was facing charges new charges in 2nd District Court of felony discharge of a firearm, possession of a dangerous weapon by a restricted person, failing to stop at the command of a law enforcer, and possession of drug paraphernalia. He was also facing potential federal charges, according to court records.
