18-year-old sentenced to jail for assault with a hammer, but judge said crime was 'worthy of prison'

PROVO — After reviewing an 18-year-old's case for hours ahead of his sentencing, 4th District Judge Derek Pullan said he thought sending the teenager to prison would be an "easy decision."

But after hearing arguments from both sides and comments from Kayden Paul Gauger and the man he pleaded guilty to assaulting with a hammer, Pullan took about one additional hour to consider the sentence and chose instead to suspend the prison sentence.

The judge ordered Gauger to serve a full year in jail, without credit for time he already served or for good behavior, and then spend three years on probation.

Gauger, of American Fork, pleaded guilty on Sept. 15 to aggravated assault causing serious injury, reduced from a second to a third-degree misdemeanor, under a plea deal that also dismissed charges for drug possession, use of drug paraphernalia and property damage, class B misdemeanors.

Pullan suspended the prison sentence of zero to five years, but said the court would have him "on a very short leash," and that if he is before him on a probation violation, he would send him to prison and not recommend credit for any of the time in jail.

"You have committed a crime worthy of prison. You're not going there to protect the community. In that sense, the universe has given you a chance today. I would urge you not to squander it," the judge said.

He said Gauger could have contented the victim with words or fists, but instead decided to use a "deadly weapon" when he pulled out a hammer.

Victim's comments

Ethan Garcia said he was permanently disfigured from the attack — "there's always going to be a mark" — but perhaps even more impactful is that he is in constant pain and discomfort. He said he couldn't function for a month; the opioids he had to take took a toll on his body.

"I can't remember literally anything, I walk into a room and I forget what I'm doing," he told the judge.

Although he is now working full time again, Garcia said he lost the ability to work for some time and is dealing with the financial effects of that along with the medical bills that were well over $50,000.

Pullan encouraged Gauger to pay restitution to Garcia quickly, and suspended any fines so that he could focus on that.

"You'd better find a way to make him whole, even if that's going out and getting a loan to make Mr. Garcia whole," the judge said.

On June 24, 2026, Gauger approached Garcia's SUV and hit a rear window before hitting Garcia's face with a hammer "multiple times," charges said.

Deputy Utah County attorney McKenna Mathie asked for a prison sentence based on the "devastating consequence" of his actions, his criminal history and his need for supervision. The attorney said he had some criminal history as a juvenile beginning at 12.

She said Gomez drove himself to the hospital, but then was unconscious afterwards for days and has had problems with his vision and neurological function which are still not recovered.

Pullan said photos she showed of the injuries were "shocking."

Although Mathie said Gauger told police he did not mean to kill Gomez, she said he had to know that was a possibility from hitting someone in the face with a hammer. Mathie said she is worried that if the court doesn't intervene "in a serious way," he could kill someone. She argued a prison sentence now is the best way to prevent him living the rest of his life in and out of jail.

Gauger's arguments

It was a crime of passion, Gauger's attorney Jordin Annett said. She said he had just been told that Garcia had sexually assaulted his girlfriend. She said he and his girlfriend were going to meet with Garcia so the girlfriend could buy weed, and she said Gauger was suspicious that they had a more significant relationship and that, right before they arrived, she claimed the man had sexually assaulted her.

Mathie said prosecutors did not contest that Gauger believed his girlfriend had been assaulted, but she said they tried to follow up and the woman refused to be interviewed and Garcia "adamantly denies" the assault.

Annett alleged that it was a "very specific circumstance" that led to the crime, which is unlikely to happen again. She said he got the hammer from a tool box in his car, and although he had an "erroneous thought process," it can be sympathized with.

Gauger apologized to the court and to Gomez, saying that he had no justification, but he asked the judge to "give me a chance at life" and allow him to do something while he is young, saying he was starting to build a career as an electrician.

"I was a kid; I still am a kid. I have made some very, very poor choices," he said.

Annett also said Gauger immediately wanted to pay for medical bills and take responsibility.

She said one year in jail is a "fair compromise," noting he had already spent 119 days in jail. Annett said Gauger is "at a tipping point," and expressed concerns about added criminal behavior if he gets sent to prison.

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