Teen boys charged as adults for fatal Holladay shooting

HOLLADAY — Two teenage boys have been charged as adults in connection with the fatal shooting of an intellectually delayed man in a condominium complex parking lot in Holladay.

Drake Preston Hernandez, 17, of Murray, and Umda Woye Dike, 16, of Salt Lake City, were each charged Friday in 3rd District Court with murder, a first-degree felony; and obstruction of justice, a second-degree felony. Each was also charged with one count of prohibited weapon conduct — Dike with a second-degree felony and Hernandez with a third-degree felony.

On Oct. 15, Unified police responded to a report of a gunshot near Murray Holladay Road and Highland Drive at about 8:35 p.m.

"The area was searched by police and (officers) were unable to locate anything suspicious," according to a statement released by Unified police.

A little over two hours later, police were again called to a report of a "male down."

"Police arrived and located an adult male deceased outside in the parking stalls of the condominium complex Chateau Foret," police stated. The complex is located at 4822 Highland Circle, less than a half-mile from the intersection of Murray Holliday Road and Highland Drive.

According to charging documents, a tenant heard two males arguing outside his condo. One man "was yelling phrases including, 'you won't do it,' 'go ahead, pop me in the head,' and was calling the other person scared and a coward."

The witness told police that "immediately after the argument, he heard one loud distinct gunshot," the charges state.

Officers found the victim on the ground near a curb.

"It appears as if (the victim) had been sitting on the curb at the time he was shot and had fallen on his right side after he was shot," the charges state. "In (his) left hand was a single crumpled-up dollar bill, and his arm was through the strap of a backpack. The backpack was fully zipped closed and no compartment was open. D.S. was pronounced deceased."

The victim is only identified in charging documents as D.S. Neither his name nor age have been released. Prosecutors state in their charges that, according to his family, D.S. "was diagnosed with intellectual delay and ADHD at 8 years old, and has extreme social anxiety. His family stated that D.S. has an awkward laugh when stressed due to social anxiety. The family also told detectives that D.S. would often walk around the area near the apartment complex where D.S. was found (and) D.S. liked to walk and sit by the stream running through that area by himself, as it brought him peace."

Hernandez and Dike were arrested after police received a call from Hernandez's father, the charges state.

Hernandez claimed that as they were walking to a friend's home, "an adult male began following them and acting aggressively. Hernandez claimed that the male told them to get out of his way before they got hurt," the charges state.

He further claimed that D.S. followed them into the condominium complex and continued to make threats and "act aggressively."

Hernandez said Dike then "struck the male across the side of the male's head with Dike's own gun, the gun went off, and the male fell to the ground," according to the charges.

Dike also told investigators that D.S. was following them and that he "pulled his gun out and pointed it at the male to stop him, but the male continued to walk towards them. Hernandez told the male to 'stop before we like fight or something,'" the charges state.

Dike claimed after hitting D.S. with his gun that "'it just went off." Dike stated, 'it wasn't intentional, I didn't shoot him, but, uh, it, it just went off,'" according to the charges.

"However, video surveillance suggests otherwise, as does the description of (the) victim's temperament and extreme social anxiety," the charges continue.

Police found video surveillance that showed D.S. walking behind the teens from a distance and "showing no signs of interaction," the charges state.

An autopsy determined D.S. was shot at close range in the head, and police believe he was either kneeling or sitting when he was shot, according to the charges. Prosecutors say the teens buried the gun in a nearby construction site after the shooting.

"Hernandez's description of the incident is otherwise not corroborated by the video surveillance, the nature of the gunshot wound, and the position of the victim's body," according to the charges.

Prosecutors say Dike is currently on probation for robbery in 3rd District Juvenile Court.

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