South Ogden man pleads guilty to murder in Jan. 8 incident that spurred mass police response

KEY TAKEAWAYS

James Joseph Rios pleaded guilty to murder and attempted murder on Tuesday in connection with a Jan. 8 incident in his South Ogden neighborhood.
Rios shot a neighbor, who later died, as well as the man's son and fired on four others.
The incident spurred a mass response from area law enforcement and firefighters.

OGDEN — The man charged with shooting and killing a neighbor in South Ogden last January, precipitating a standoff that drew law enforcement from numerous agencies, has pleaded guilty in the matter.

James Joseph Rios, 46, pleaded guilty to murder, five counts of attempted murder and aggravated cruelty to an animal on Tuesday in 2nd District Court as part of a plea deal with the Weber County Attorney's Office. He's to be sentenced on Dec. 14 in the Jan. 8 incident.

The narrative in the plea agreement states that Rios, firing a weapon from his home, shot his neighbor, Brandon Kay, after the man exited his nearby home on hearing gunfire. Kay, 45, was hit in the stomach and head and later died. Kay's son, who had accompanied his dad, suffered a gunshot wound to the foot and the narrative said three officers reported being fired on, a Weber County Sheriff's Office deputy and two South Ogden Police Department officers.

When law enforcement officers arrived, Rios "was barricaded inside his house, was refusing to come out and was still armed after firing several shots from inside the home, and continued to fire shots over the course of the incident," the narrative reads.

Rios also shot and killed a dog, a Dachshund that belonged to the Kay family. Earlier court documents said a fourth law enforcement officer was fired, as well as Rios' daughter.

As part of the plea deal, the murder and attempted murder counts, first-degree felonies, were reduced from aggravated murder and aggravated attempted murder charges, also first-degree felonies. The aggravated cruelty to animal count is a class A misdemeanor.

A count of attempted aggravated murder with a potential domestic violence enhancement was dismissed along with five counts of felony discharge of a firearm, a third-degree felony.

According to original charging documents, Rios said he acted out of "internal anger." Police found a long rifle and several bullet casings inside the man's home following his arrest. The incident prompted a mass response from police, firefighters and paramedics, with more than 30 emergency vehicles on the scene as events unfolded into the early morning hours of Jan. 9, when Rios surrendered to authorities.

A judge in March determined Rios was mentally incompetent to stand trial and ordered him to undergo additional evaluation to determine if he can be treated. On June 2, Judge Reuben Renstrom, hearing the case, issued a certification of competency in the matter, though the document isn't public. Then on June 16, he ordered Rios's release from the Utah State Hospital unit that treats those deemed not competent to stand trial.

No accord on sentencing was reached between Rios and Weber County prosecutors. The plea agreement, however, references Rios' mental state during the incident. Per the agreement, Rios waives any mitigation claim "based on his mental state at the time the offenses were committed or any time leading up to the time the offenses were committed," it reads.

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