Midvale man lured to Ogden apartment sent to prison in 2021 shooting death

A Midvale man has been sentenced to prison for his role in a fatal shooting after police say he was lured to an Ogden apartment by a former girlfriend who conspired to assault him.

A Midvale man has been sentenced to prison for his role in a fatal shooting after police say he was lured to an Ogden apartment by a former girlfriend who conspired to assault him. (Kristin Murphy, Deseret News)



Estimated read time: 3-4 minutes

OGDEN — A Midvale man charged last year in connection with a fatal shooting after allegedly being lured to an Ogden apartment complex by a former girlfriend has been sentenced to a term of one to 15 years in prison.

Dustin Wayne Smith, 34, pleaded guilty to possession of a dangerous weapon, a second-degree felony, and obstructing justice, amended to a third-degree felony. A second count of obstructing justice was dismissed as part of a plea agreement.

Smith was sentenced to one to 15 years for the weapons possession charge on July 27 and a term of zero to five years for the obstructing justice charge. The sentences were ordered to run concurrently and Smith will receive credit for time served.

On Oct. 2, 2021, police were called to an apartment at 240 N. 180 East in Ogden where Jonathan Brewer, 30, was found dead with a gunshot wound.

Smith went to the apartment to meet Brewer's female roommate, court documents state. While he was there, Brewer entered "and an altercation ensued," during which Brewer sustained a gunshot wound to the head and died from his injuries. Smith fled the scene.

Police discovered in the course of their investigation that Nickie Kay Holder, 42, and Brewer had been working together to lure Smith to the apartment and assault him, according to charging documents, which say the roommate Smith had gone to meet "was acting at the behest of Brewer and Holder."

A search of Holder's phone revealed that she and Smith had previously been in a relationship that had soured, the charges allege, and Holder had repeatedly reached out to Brewer and another unidentified person requesting that they "seriously harm" Smith.

Holder's messages on Sept. 17 and 18, 2021, include phrases like, "Please violate (Smith) bad and I'll send you whatever you need!" and, "I want him dead," according to the charges.

Her messages to Brewer on Oct. 1, 2021, include one where she said she wishes the two could be doing something intimate together while Smith was "being stomped," the court documents state.

Holder has been charged with conspiring to commit aggravated assault, a third-degree felony. She has pleaded not guilty and a trial is scheduled in November.

After his arrest, Smith claimed that he threw the firearm out the window of his vehicle near the 12th Street on-ramp to I-15 and then abandoned his car in Box Elder County. Both the gun and car were recovered by police.

Smith's charges came on the heels of charges being filed Oct. 26, 2021, against another man.

Barry Lenard Bingham, 41, of Bluffdale, was charged in 2nd District Court with two counts of obstructing justice, a second-degree felony. After Smith abandoned his car in Perry, Bingham sprayed the inside and outside of the vehicle with a liquid cleanser, possibly bleach, in an effort to destroy evidence, according to his charging documents.

A witness told police that Smith was the gunman in the killing, according to court documents pertaining to Bingham. But Smith has not been charged with the shooting death.

Bingham is also accused of driving Smith to southern Utah after the shooting to help him avoid arrest.

Timothy Ryan Robinson, 44, was also charged with obstructing justice, a second-degree felony, in the case. Robinson is accused of picking up Smith in Box Elder County after Smith fled the scene and abandoned his car. Robinson then took Smith to an Ogden home where Smith hid for several hours, according to charging documents.

Robinson is charged with requesting Smith's Facebook password for the purpose of deleting his account, then driving Smith to meet Bingham.

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