No jail time for 4 of 5 men arrested in Heber City quinceañera stabbing

KEY TAKEAWAYS

Four men involved in a Heber City quinceañera stabbing have received probation sentences.
Five men total were involved in the July attack that injured two, according to police.
David Gervacio's case remains unresolved with a hearing set for Jan. 21.

HEBER CITY — The cases for four of the five men arrested in a double stabbing at a quinceañera party in Heber City earlier this year have been resolved, with all four only receiving probation for their involvement in the attack.

The investigation began about 11:40 p.m. on July 20, when officers were called to the Junction restaurant at 1268 S. U.S. 189. A man stabbed in the abdomen was flown by medical helicopter in critical condition to a hospital in Salt Lake City. A man stabbed in the leg was treated at the scene and later released.

Police learned that the two men, ages 34 and 21, were stabbed during a private quinceañera birthday party being held at the restaurant. A quinceañera is a traditional celebration in Latin American cultures for a girl's 15th birthday.

Over the days following the stabbing, five men from Heber City were arrested and charged in 4th District Court.

David Gervacio, 22; Cristian Gervacio, 18; and Johnny Gervacio, 29, were charged with attempted murder and aggravated burglary, first-degree felonies; and aggravated assault, a third-degree felony. Cristian Gervacio received an additional charge of drug possession, a class A misdemeanor.

Jose Manuel Gervacio, 21, and Justin Joel Ortiz, 26, surrendered themselves to police shortly after the first three men were arrested. They were also charged with attempted murder and aggravated burglary, first-degree felonies, and aggravated assault, a third-degree felony.

"Jose Manuel Gervacio, Cristian Gervacio, David Gervacio, Johnny Gervacio and Justin Joel Ortiz acted in concert to commit a violent group assault resulting in two stabbings, one of which caused life-threatening injuries. Surveillance (video) shows Jose concealing a weapon, initiating the stabbing, and all five suspects engaging in coordinated, aggressive behavior before fleeing," a police booking affidavit states.

Police say the five men acted "in concert" to confront the first victim, then the second person was stabbed in the leg while the men were fleeing the scene. Three of the men involved were Jose Manuel Gervacio's cousins and his attack indicated "premeditated intent to inflict harm," the affidavit states.

Pleas and probation

Jose Manuel Gervacio pleaded guilty on Nov. 5 to a reduced charge of aggravated assault resulting in bodily injury, a second-degree felony. In his plea statement, he admitted to having a knife and using it with "unlawful force" causing significant injuries. The rest of the charges were dismissed as part of the agreement.

In a sentencing memorandum, he claimed he has made active efforts while incarcerated to improve himself, such as working on obtaining a high school diploma and securing stable housing and employment for when he is released.

He was sentenced Dec. 17 to a term of one to 15 years in prison, but the term was suspended. He was given credit for the 149 days he served in jail and ordered to serve a "zero tolerance probation" for four years, court documents state.

Ortiz pleaded no contest in August to a reduced charge of abetting aggravated assault, a third-degree felony.

His plea agreement stipulates his other charges would be dismissed and if he successfully completes probation, his conviction could be reduced to a misdemeanor. He was sentenced in October to a term of zero to five years in prison, but the prison term was suspended in favor of three years of probation.

Cristian Gervacio pleaded guilty to obstruction of justice, a third-degree felony, on Oct. 15. His plea statement said he attempted to delay the apprehension of his cousin by providing transportation after the stabbing.

The plea agreement dismissed Cristian Gervacio's other charges and said his charge could be reduced to a misdemeanor if he successfully completes probation. His guilty plea will be held in abeyance for two years while he serves probation.

Johnny Gervacio pleaded guilty on Oct. 1 to assault, a class A misdemeanor, plus two misdemeanors from a separate case: a DUI charge and failure to stop at a police officer's command.

He was sentenced in November to a year in jail for the assault, a year for the traffic offense and 180 days for the DUI, but the jail terms were suspended. He was instead ordered to serve two years on probation.

David Gervacio, the only defendant whose case has not been resolved, has his next court hearing on Jan. 21.

The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.