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Weber County Sheriff's Office

Utah man sentenced to prison for gang-related killing

By McKenzie Romero, KSL | Posted - Mar 12th, 2018 @ 3:06pm

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OGDEN — An Ogden man charged with murder when he was 18 years old has been sentenced to prison for the gang-related killing.

Devin Brock Smith, 20, was ordered March 6 to serve at least 15 years and up to life in prison for murder in the death of Miguel Angel Rios, 29.

Smith pleaded guilty to the charge in January as part of a deal with prosecutors. In exchange, a weapons enhancement on the murder charge was dropped, along with two additional counts of obstructing justice and possession of a weapon by a restricted person, second-degree felonies.

Prosecutors also agreed as part of the deal not to seek a gang enhancement on the murder charge, and not to send a letter to the Board of Pardons and Parole about the case, according to court documents.

Rios was shot multiple times in a home at 562 31st St. on May 6, 2016. Police said Rios and Smith are members of rival gangs.

Witnesses reported seeing two people running from the area after the shooting, according to police. Officers found Smith and another 18-year-old, Jeremy Anthony Moncada, in a nearby home, 3046 Porter Ave., and took them into custody.

"(Smith) said that (Rios) exchanged words and gang signs with him, and 'flexed on him,'" leading to the shooting, according to court documents.

Moncada was charged with evidence tampering, a second-degree felony, and possession of a firearm by a restricted person, a third-degree felony, after police say he took the .22-caliber revolver from Smith, wrapped it in some clothing and hid it in a crawl space.

Moncada pleaded guilty to the charges in September 2016, with the evidence-tampering charge reduced to a class A misdemeanor. He was ordered to serve 180 days in jail.

New charges were filed against Moncada on Monday after police say he was pulled over last week for not having a driver's license and was found with a gun in his pants pocket. He is still on probation in connection with the homicide case.


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