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(KSL News) -- A judge has ruled that the man who allegedly torched a home last year, killing a six-year-old girl inside, can indeed be tried for capital murder.
Defense attorneys had argued that Mark Ott should not be prosecuted for a crime that carries the death penalty because he didn't know the girl was inside the home.
But a judge said it doesn't matter who the intended victim was. The allegations still indicate Ott had the intent to kill.