- Ryan Michael Bate, accused of killing two police officers, sobbed during his first court appearance Friday.
- Bate faces charges of capital murder and prosecutors plan to seek the death penalty.
- Funeral services for the officers are scheduled for Aug. 28 and 29 in Logan.
BRIGHAM CITY — The man accused of shooting and killing two police officers in Box Elder County was visibly sobbing throughout his initial appearance in court Friday.
While waiting for his initial hearing to start — which was held remotely — Ryan Michael Bate, 32, of Tremonton, was crying and rocking back and forth in the hearing room at the Weber County Jail.
Bate is accused of opening fire on police officers who had responded to his residence for a domestic violence call. The shots killed Tremonton-Garland police officer Eric Estrada, 31, and Sgt. Lee Sorensen, 56, and injured Box Elder County sheriff's deputy Mike Allred and his police K-9, Azula, a 3-year-old female Belgian Malinois.
Bate was charged Wednesday with two counts of aggravated murder, a capital offense, and prosecutors announced they will seek the death penalty.
Bate also faces 18 other charges, including four counts of attempted aggravated murder, a first-degree felony; endangering a police service dog, a third-degree felony; three counts of possessing an explosive, a second-degree felony; two counts of possession of a dangerous weapon with criminal intent, three counts of assault, unlawful detention and threatening violence, class A misdemeanors; and three counts of domestic violence in the presence of a child, a class B misdemeanor.
Tremonton police responded late Sunday to a 911 hangup call at the Bate residence. Bate's wife called emergency dispatchers and hung up in an attempt to get police to come to her home after Bate "slammed her head with a door, and grabbed her by the throat and pushed her against the wall," charging documents state. "As the wife tried to calm (Bate) down, he repeatedly threatened to kill her."
But when the first officer arrived and spoke to the wife, she "assured (him) there was no physical violence," according to the charges. However, as the officer began to drive away, Bate took a "high-powered rifle" and fired at the officer, but missed, according to police.
After calling for backup, the officer got out of the car to try to help the woman, who started running down the street, but he was shot and killed. A second officer was shot and killed while assisting the first, charges state.
Shortly after, Allred and Azula arrived as backup. Bate fired again, injuring the deputy and striking the K-9 cage, causing injuries to Azula. Both are recovering.
Police say Bate also shot at a neighbor's vehicle, barely missing the driver. He then "approached the two fallen officers with a revolver and a rifle in hand as he continued to look around for other targets," before bystanders convinced him to put down the weapons, the charges say. After he was taken into custody, officers searched Bate's home and reported finding three Molotov cocktails.
Bate was also arrested and charged last year for another domestic violence incident at the same house. Those charges were later dismissed, according to court records, but the Box Elder County Attorney's Office refiled those previous charges on Wednesday. Bate is charged in that case with aggravated assault and three counts of domestic violence in the presence of a child, third-degree felonies; and causing property damage, a class A misdemeanor.
While Judge Spencer Walsh read the 25 total charges filed against Bate, Bate kept his head down, not looking at the camera.
Defense attorneys Jonathan Nish and Mary Corporon were appointed to represent Bate in the capital case. Nish said he would speak with the Utah Indigent Defense Commission to also represent Bate on the second case.
Prosecutor Blair Wardle filed a request for a pre-trial protective order for the domestic violence victim and three children, who were not named. Bate started visibly sobbing again when the judge read out the instructions on the protective order and explained that there would be no contact with the children unless approved by family court.
The defense requested extra time to prepare for the next hearing and the judge scheduled it for Oct. 30.
A viewing for both of the slain officers will be held at Bear River High School in Tremonton on Wednesday, Aug. 27, from 3 p.m. to 7 p.m.
Estrada's funeral is scheduled for Thursday, Aug. 28, at 10 a.m. and Sorensen's will be Friday, Aug. 29, at 10 a.m. Both services will be held at the Utah State University Spectrum in Logan.
