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SALT LAKE CITY — An eight-person jury found a 17-year-old guilty of murder on Friday, ruling that four shots he fired into a truck, with one hitting and killing the driver, were not in self-defense.
Joseph Palmer, of West Jordan, was certified to stand trial as an adult and charged in the 3rd District Court, although he was 15 at the time of the crime.
Palmer was found guilty on each of the charges, including murder, a first-degree felony; three counts of felony discharge of a firearm, all third-degree felonies; and one count of obstruction of justice, a second-degree felony. The jury determined he was not acting in "imperfect self-defense," or in a situation where he could have reasonably believed it was self-defense even if it was not.
The jury was handed the case just before 11 a.m Friday and returned a guilty verdict about three hours later.
On July 6, 2021, Palmer and his friend were walking on the street pushing a bike in Murray when a confrontation began with a man in a truck, 23-year-old Fernando Amaya-Higareda.
Palmer kicked the truck as Amaya-Higareda started to drive away. He then pulled a gun out of the backpack he was carrying and fired about four rounds at the truck, the charges state. Charges said the shots hit the driver's side door of the truck.
Salt Lake deputy district attorney Byron Burmester told the jury in his closing arguments on Friday afternoon that it is undisputed that Palmer discharged the firearm, and fired the shot that hit Amaya-Higareda in the left eye, killing him instantly. He said there were four bullets shot, each of which hit the truck.
"There is no evidence that Fernando Amaya-Higareda predominantly caused this emotional response from the defendant, because there was no highly provoking act immediately before the shooting. There's just nothing there," Burmester said.
He told the jury that the victim had his seat belt on, and was not getting out of the vehicle, so he presented no threat to the teen. He said a fatal shooting without justification or excuse is murder.
The prosecutor talked about the testimony of someone who was working in a nearby yard when Amaya-Higareda was shot; the witness said he perceived it as a friendly encounter until someone kicked the side of the truck and Palmer reached for the gun.
Burmester said Palmer and his friend left the scene, running to his friend's home, and changed their clothing attempting to escape and avoid police. He said Palmer hid the gun under a truck.
Palmer wasn't charged in adult court until August 2022; previously he was charged in juvenile court. His friend, who KSL.com has chosen not to name, was charged in juvenile court.
Palmer's attorney, Rudy Bautista, argued that the shooting was self-defense. He said Palmer and his friend were walking down the street looking for something to do and having a "normal summer day" for 15- and 16-year-old boys when Amaya-Higareda did a U-turn and then parked right next to them. "A situation came to him," he said.
Bautista talked about text messages introduced at trial showing Palmer had talked to his aunt about getting a gun to protect himself. The attorney said two days previously he had been shot at during a drive-by shooting, which provoked fear.
He said the man in the truck could have assumed Palmer was in a gang based on the color of shirt he was wearing. He said the teenager had reason to fear when the car turned around and drove toward them on the wrong side of the road. "This is the world they're living in … someone can assume you're in a gang just because of the color you're wearing," he said.
Bautista said the driver had alcohol and cocaine in his system, which can make someone seem more aggressive, and may lead him to try to exit the car without releasing his seat belt. He said there were handprints of the friend on the truck, showing the friend may have been holding the door shut.
He argued Palmer had a right to use deadly force, and continue shooting until the threat stopped. "This was a highly provoking situation; this was a dangerous situation," he said.
Palmer is scheduled to be sentenced on Aug. 7.
