OGDEN — An Ogden man sentenced earlier this year to prison in the 2023 murder of a neighbor has appealed the case, now in the preliminary stages in the Utah Court of Appeals.
A jury last October found Brendon Powell, 27, guilty of seven criminal counts in connection with the Sept. 5, 2023, killing of Royer Peña, including first-degree murder, and he was sentenced to prison in January. Powell subsequently appealed, sending the case to the Utah Court of Appeals, with the initial brief from his legal team due later this month.
Powell shot and killed Peña while attempting to retrieve a drone in the 700 block of North Liberty Avenue, according to court papers. Powell had flown his drone to the area around Peña's home to investigate some sort of commotion. The drone struck a tree, according to the original probable cause affidavit in the case, and when Powell, who was armed, went to get the device, he came upon Peña, the 31-year-old father of five, holding it.
The two men argued, according to the affidavit, and then Powell fired on Peña seven times, killing him.
Powell was initially to have been sentenced last November, but that was postponed so his mental competency could be reviewed. He was found mentally competent on Jan. 29, when 2nd District Court Judge Noel Hyde sentenced him.
Hyde sentenced Powell to 16 years to life on the murder count and five years to life on each of six additional counts of felony discharge of a firearm. The varied sentences are to run concurrently.
Powell, so far, hasn't spelled out the reasons for his appeal in court filings.
