Teen charged in girl's murder to remain in custody while competency is restored


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SALT LAKE CITY — A teenage boy accused of murdering and raping his 12-year-old neighbor in 2015 will remain in juvenile detention as efforts are made to prepare him to face the charges in court, according to a hearing Tuesday.

In a hearing addressing an "attainment plan" developed by the Department of Human Services to help the now 17-year-old boy understand the charges against him and participate in the case, 3rd District Juvenile Judge James Michie told the teen he will be meeting with new people in the next several weeks.

"We've got some work to do," Michie said. "I want you to work as hard as you can."

The teen is charged in juvenile court with first-degree felony counts of aggravated murder and rape of a child, after police say he lured his neighbor, 12-year-old Kailey Vijil, from her home to rape and strangle her when he was 15.

Last month Michie ruled in following a closed, five-day hearing that the boy is incompetent to face the charges against him, but he said he believes competency could be restored, which would allow the case to proceed after a year and half of waiting.

The competency evaluation is strictly regarding the teen's ability to face the charges in court, not his status at the time of the alleged crime.

According to Michie's ruling, the boy, who turned 17 in November, suffers from multiple mental disorders and limited cognitive abilities, all of which prevent him from adequately communicating with his attorneys, understanding the allegations against him or comprehending the judicial process.

In the interim, the boy cannot be housed at the Utah State Hospital for treatment as an adult would because of his age. He will remain in a juvenile detention facility instead.

Michie urged the boy to talk to his attorneys if he has any questions moving forward. The teen, who has generally remained silent in previous hearings, responded with a quick "Yes, your honor."

The teen's attorneys have said since his initial court appearance that they don't believe he understands what is happening in the case.

The boy will return to court April 18 for a status hearing. Details about the attainment plan, which was negotiated prior to the hearing, were not discussed Tuesday, and attorneys on both sides left the courtroom without comment.

Police say the boy, then 15, went to Kailey's door late at night on July 17, 2015, and asked her to help him look for a lost cat. Kailey agreed to help, a decision her family has said was likely motivated by her love of animals.

Kailey's body was discovered by searchers about three hours later in a horse pasture near her home. A search warrant revealed the young girl was found naked, her Batman pajamas strewn on the ground near her body, and a shirt wrapped around her neck. Evidence on her body, including blood and fresh scratches, signaled a possible sexual assault, police wrote.

A medical examiner determined Kailey died of strangulation.

DNA evidence on Kailey's body matched the teen, according to court documents. Neighbors and West Valley police said the boy had attempted to entice several other young girls out of their homes with the same story before finding Kailey.

Spencer Banks, a victim's advocate attorney representing Kailey's family, said Tuesday that the family believes the teen will eventually have to face the charges in court. Meanwhile, they want the teen to remain in custody.

"They just want the case to move forward as quickly as possible. It's a year and half after Kailey passed away and we still haven't even started the case," Banks said. "That's our hope, that the attainment plan will work, he'll be found competent and the case can proceed."

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McKenzie Romero

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