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Utah County prosecutors are now not in search of a capital offense aggravated homicide cost within the demise of a Provo police officer.
On Tuesday they downgraded the cost to a first-degree felony and confirmed that the suspect accused of capturing and killing Joseph Shinners won't be going through the demise penalty.
The preliminary listening to for Matt Frank Hoover began Tuesday, three years after Shinners, 29, was fatally shot in an try and arrest Hoover on Jan. 5, 2019.
"That is an aggravated homicide case, which will be charged as a first-degree felony or as a capital murder," Utah County Legal professional David Leavitt stated concerning the case. "The trail for both designation and focus of our prosecution is to hunt life in jail with out parole. We wish to be clear and clear concerning the fees we're in search of on this trial course of."
This confirms that Hoover won't be going through the demise penalty. It doesn't come as a shock as Leavitt introduced together with three different county attorneys final September that they might now not search the demise penalty sooner or later. They stated proof doesn't assist that the demise penalty is profitable in deterring violent crimes.
Along with decreasing the aggravated homicide cost, the prosecutors additionally dropped two of the costs towards Hoover, together with a second-degree felony rely for assault towards a police officer and one in all two third-degree felony counts for possession or use of a managed substance.
There are actually 5 fees towards Hoover together with the aggravated homicide cost, one drug possession cost, a second-degree felony gun possession cost, a second-degree felony theft cost and a third-degree felony for failing to cease on the command of police.
Though the attorneys within the case completed presenting proof in Tuesday's listening to, the anticipated choice from Decide Kraig Powell concerning whether or not Hoover ought to stand trial was delayed by Hoover's attorneys.
They requested the courtroom for an opportunity to assessment the transcript of the listening to and proof submitted to the courtroom earlier than presenting their argument. The decide set deadlines for courtroom filings from either side concerning whether or not there may be sufficient proof to proceed to trial and a listening to for additional argument and making his choice on March 14.
On the preliminary listening to, a number of officers testified concerning the incident. Law enforcement officials had been making an attempt to arrest Hoover who they stated was a fugitive as a result of he had violated probation for convictions associated to felony joyriding and drug distribution. An informant had stated that Hoover can be at a fuel station close to the Provo Heart Road freeway exit.
A supervisor that night time, Lt. Jared Barney, who's now retired, and different officers who had been aiding testified on the listening to, together with two forensic technicians who evaluated the scene and proof.
The officers didn't intend to pursue if Hoover fled the preliminary location. Nevertheless, one of many officers who testified acquired into the truck on the passenger aspect in an try and take Hoover into custody and the suspect was capable of drive away with the officer within the automobile. Due to that, police chased the automobile to 50 W. College Parkway in Orem.
"I might have chased him to the top of the earth if there was a cop within the truck," Barney stated.
After the truck stopped in a parking zone, a number of officers from the Orem and Provo police departments, together with Shinners, tried to get Hoover out of the truck and into custody, in accordance with testimony. An officer defined that they knew that Hoover had a gun, and that he heard pictures.
After Hoover was in police custody, Barney stated he realized Shinners had been hit with a bullet after he fell to the bottom. Barney testified that as quickly as he seen that Shinners had been shot, he drove him to the hospital in his police truck.
Hoover was additionally shot throughout the incident, and was within the hospital for a couple of weeks earlier than the costs had been filed towards him and he was incarcerated.
The girl who owned the gun Hoover used, which an affidavit stated Hoover known as the "Purple Folks Eater" and "Purple Monster," testified on the listening to as effectively. She stated that she didn't know Hoover and that her gun was stolen whereas she was working at a restaurant. She had left her purse along with her gun in it in a locked room which might solely be accessed by workers.
Shinners left behind a spouse and one son, and his spouse discovered that she was pregnant with one other youngster three days after Shinners' funeral.