PROVO — A BYU linebacker charged with driving under the influence, speeding and reckless driving in an incident last month in Eagle Mountain has had his case declined by the Utah County Attorney’s Office, according to the most recent court documents.
Chaz Kapuni Kalauli Ah You, 21, was charged with one count each of driving under the influence and reckless driving, both class B misdemeanors; one count of drinking in or about a vehicle, a class C misdemeanor; and counts of an improper lane change in an occupied lane and speeding 75 miles per hour in a 40 zone, both infractions, during an incident back on Feb. 9.
But less than a month later, the Utah County Attorney’s Office has declined prosecution on the talented former Westlake and Timpview star "on the basis of lack of admissible evidence, and in the interests of justice," the attorney's office announced Tuesday via press release.
"Every case is unique. Every case has its own facts," Utah County Attorney David Leavitt said in the release. "I lean on the experience of my screening team to wisely balance the evidence with the rights of the accused, and the state’s ability to be effective at trial.
"In this case, there is a lack of admissible evidence. Justice would not be served in this matter. This has nothing to do with who he is or where he attends school. My job is to safeguard the rights of all in a potential criminal matter and direct my attention to the law and the facts."
Ah You pled not guilty to all five charges at the time of the incident. An initial pretrial hearing was scheduled for April 7 in the Utah County Justice Court, then moved up to March 12.
“Our office is declining to prosecute this case,” wrote Tammy Painter, legal assistant for the Utah County Attorney’s Office, in an email to the court dated March 3. “Can you cancel the pretrial and mark the case as declined?”
“To all who had my back and was quick to support rather than judge,” Ah You wrote on his Instagram Stories, “I love you. God sees all things.”
Ah You was found speeding near Red Hawk Ranch Road in Eagle Mountain at 4:46 p.m., Feb. 9, according to charging documents. He was placed under arrest at the scene, where the responding officer found two containers of alcohol and a THC vape pen in Ah You’s vehicle, according to a police probable cause statement.
The officer then performed a field sobriety test on Ah You at the Utah County jail “due to weather,” the statement reads, and released the junior-to-be linebacker on his own recognizance without bail after charges were filed.
The 6-foot-2, 206-pound linebacker made 31 tackles, a sack, an interception and a forced fumble with three pass breakups for the Cougars last year, his first back after serving a two-year mission for The Church of Jesus Christ of Latter-day Saints. He is currently enrolled in school but not participating in spring practices, head coach Kalani Sitake told reporters last week.
“We love Chaz,” Sitake said. “He’s part of the team, he’s here, but he’s not going to be participating in spring. He’s got to go through a process.
“That’s the most I can say right now at this point. It would be inappropriate for me to say more. But we love him, and we’re supporting him the best we can.”