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SALT LAKE CITY — A man who worked as a security guard was sentenced to prison Friday for shooting and killing a homeless man while on the job as the man was walking away.
Timothy Richard Lutes, 31, will serve between two and 20 years for murder, a second-degree felony with a gun enhancement, and a term of five years to life for unlawful use of a firearm, a first-degree felony. Third District Judge Randall Skanchy ordered that the sentences run consecutively.
Lutes admitted to killing Thomas Ray Stanfield as the man was walking away following a fistfight on June 20, 2018. The case has taken more than four years and six months to resolve.
At the time of the shooting, the plaza outside the Department of Workforce Services building in downtown Salt Lake City was closed to the public to deter camping and loitering. Family members said they believe Stanfied was there because he wanted to be first in line when the agency opened so he could try to find a job.
Prosecutors said Lutes, a security guard, set his flashlight to strobe and pointed it at Stanfield and eventually a fistfight happened. Surveillance video shows Stanfield tossing Lutes' empty gun holster aside, then shows him walking away while Lutes fires the shots.
As part of a plea deal, the murder charge was reduced from a first-degree felony to a second-degree felony, and charges of assault by a prisoner and unlawful discharge of a firearm, third-degree felonies, were dismissed.
In the plea statement, Lutes said he intended to cause injury to Stanfield and fired with the "intent to harass or intimidate" the homeless man.
Grant Stanfield, the victim's brother, said during the sentencing hearing that it was the first time he had viewed the security camera video of the incident, and described it as "gut-wrenching." He said it was clear Lutes did not follow the rules of engagement.
"Tom was a good guy," he said. "We can't bring him back. He is missed."
Before imposing the sentence, Skanchy acknowledged that both parties feel pain and have lost someone, although for some just for a period of time.
"I'm sorry for the pain you all feel, and hope that the healing can take place as we go forward," he said.
The attorneys' arguments
Defense attorney Michael Peterson said his client owned up to everything after seeing the video of what happened the day he was booked into jail.
"Mr. Lutz from the inception of this case, has been singularly remorseful, and singularly apologetic and singularly heartbroken about what happened between him and Mr. Stanfield in that pavilion," Peterson said.
Although the case has taken so long to be resolved, he said they had reached a similar plea a few months into the case when the prosecutor changed, and he had worked to get back to that same agreement.
Peterson said Lutes has an amazing support system and has lived a "really upstanding, responsible and in someways remarkable life," including service in the National Guard.
Referring to the incident, Peterson said Lutes used the flashlight to get Stanfield's attention, which led to an angry response from Stanfield. He said the fight began with "effectively a roundhouse punch to Mr. Lutes' temple" that was "significant" and knocked off his glasses.
Peterson said without his glasses, Lutes would see vague, shadowy figures and the dark morning contributed to his poor eyesight. He said both men had extreme emotions and were acting with adrenaline. At a time when it seemed Lutes had lost the fight, Peterson said a witness heard Stanfield repeat, "Are you dead?" as he hit Lutes, but Lutes reported hearing Stanfield repeating, "I'm going to send you to hell."
The attorney said there is no question that Lutes got his gun out, after he had felt Stanfield throw the holster away, got on his feet and fired — that is all on a video shown in the courtroom.
Peterson said his client was fearful after he had been beaten and he panicked and fired the gun. The attorney said he acted in "imperfect self-defense," as Lutes did not know what would happen next.
Lutes told the family he was very sorry, and wishes that it had never happened.
"I would just like to add that I am profoundly and deeply remorseful for the loss that my actions caused," he said.
Multiple family members and a friend spoke on behalf of Lutes and told the court how he has helped them. They said they will always support him, and apologized to the Stanfield family for their loss.
Salt Lake County deputy district attorney Byron Burmester presented a different side of the story and said Lutes was aggressive and continued the fight even when Stanfield was walking away.
"I understand that his job is to take care of the property, but he doesn't have to aggressively charge as he does seven times," Burmester said.
He said Lutes fired three times, hitting the victim twice.
"Those four minutes are indeed tragic," Burmester said. "His actions are not an instantaneous 'oh, bad choice' — it is a whole series of ... intentional aggressiveness."
He said it is the state's perspective that it was a murder, and asked the judge to order consecutive prison sentences.
Stanfield's mother, Connie Elison, sued Lutes, the security firm he worked for, Citadel, and the state, alleging wrongful death and violation of her son's civil rights. That case was settled outside of court in June 2020.
