A decide on Thursday upheld the best of prosecutors to file upgraded fees of homicide in opposition to an Orem man accused of hitting and killing two 3-year-old boys enjoying in a horse corral. He was initially charged with manslaughter. Kristin Murphy, Deseret Information
A decide has upheld prosecutors' choice to improve manslaughter fees to homicide fees for a person accused of inflicting a crash that killed two 3-year-old boys who have been enjoying in an Eagle Mountain corral.
Attorneys for Kent Cody Barlow, 27, contested the improve. He attended Thursday's listening to remotely from the Utah State Jail, the place he's being held on a conviction in one other case. He was on parole for that case when the crash occurred.
Barlow was beforehand ordered to face trial for 2 counts of manslaughter, a second-degree felony, and possession or use of a managed substance, a category A misdemeanor. Lately, the Utah County Lawyer's Workplace upgraded these fees to 2 counts of homicide, a first-degree felony.
He's accused of inflicting the deaths of Odin Jeffrey Ratliff and Hunter Charlie Jackson. The three-year-old boys died after a automotive crashed into Cedar Valley Stables on Might 2, 2022. Witnesses testified that Barlow was exhibiting off his automotive and driving quick when he misplaced management and the automotive went off the highway and into the corral.
Fourth District Choose Robert Lund mentioned it's the prerogative of prosecuting attorneys to determine which fees to file, however warned deputy Utah County lawyer Ryan McBride that the change in fees might probably create points on attraction.
The decide mentioned though the brand new fees enhance potential penalties, the knowledge on which the case relies has not modified, which minimizes any prejudice in opposition to Barlow.
Protection lawyer Benjamin Aldana argued there have been "due course of points" with the upgraded fees as a result of there was no new info to justify the change. He mentioned prosecutors filed the extra extreme fees as a result of a brand new county lawyer was simply elected and the brand new administration had "purchaser's regret" concerning the manslaughter fees.
He additionally accused prosecutors of withholding proof, saying he obtained a brand new report on Feb. 17, 2023, indicating Barlow was going 123 mph earlier than the crash — a big variation from the final report indicating his pace was between 80 mph and 100 mph. Aldana known as the brand new info an "ambush."
In March, a spokesman for the Utah County Lawyer's Workplace mentioned the important thing to the upgraded fees was an allegation of "wicked indifference to human life." After Utah County Lawyer Jeff Grey took workplace, he took a have a look at the Barlow case with a contemporary set of eyes. From Grey's perspective, Barlow knowingly engaged in conduct that confirmed a wicked indifference to life, the spokesman mentioned.
With the brand new fees, Aldana additionally argued that retaining the identical trial date in October can be prejudicial to his shopper, and requested for the trial to be delayed till spring of 2024 so he might have the choice to carry the jury to the crash website.
Lund mentioned there must be sufficient time to arrange, however he did transfer the trial to Jan. 8, 2024.
Though the altered fees have been filed months after a preliminary listening to within the case was held, Lund mentioned prosecutors had a cause to attend for a ruling on Barlow's movement to not admit proof from Barlow's blood check at trial. In a listening to on Feb. 23, Lund dominated that such proof might be utilized in trial — overruling Aldana's claims that the method for the warrant breached Barlow's constitutional rights.
At Thursday's listening to, the attorneys appeared to agree that manslaughter, the unique cost, shall be introduced to the jury as a "lesser included" choice, that means the jury would have an choice of convicting him of manslaughter if it felt he wasn't responsible of homicide.
Barlow is scheduled to be again in courtroom on June 28 for a preliminary listening to on the 2 homicide fees.