LOGAN — A judge has postponed ruling on whether there is sufficient evidence to bind 43-year-old Andrew Lesky over to stand trial on attempted murder, aggravated kidnapping and other charges.
Judge Brian Cannell ordered attorneys for both the prosecution and defense to submit briefs after defense attorney Shannon Demler said the murder and kidnapping charges should be merged.
Demler cited the 2001 case Utah versus Cody Lynn Nielsen, who was later found guilty of killing Hyrum resident Trisha Autry. This past April, the Utah Supreme Court reversed and vacated Nielsen’s kidnapping and aggravated kidnapping convictions stating they should have been merged with his aggravated murder conviction.
Judge Cannell said he would allow time for everyone to review the court’s ruling and ordered Lesky to appear again December 17.
During Wednesday’s preliminary hearing the victim testified how she and her boyfriend were sitting on the front porch of her home, the night of October 26. Around 7 p.m., Lesky, her ex-boyfriend walked up to them, wearing a gray hoodie. He reportedly pulled a handgun from his pocket and ordered them to go into the house.
When they refused, the victim said Lesky pointed the gun at her forehead and pulled the trigger but the gun didn’t fire. She said she could hear a click of the trigger and thought she was going to die. “I closed my eyes and all I could see was my kids,” she stated.
She and her boyfriend were able to wrestle the gun from Lesky, who then produced a knife and cut the man’s clothing. He later fled and was arrested by police outside a Logan restaurant the next day. He’s being held in the Cache County Jail without bail.
Logan City Police detective Scott Bodily testified when police found the gun, a Hi-Point 380, there were eight-rounds inside, seven in the magazine and one in the chamber. That bullet showed no evidence of being struck by the gun’s firing pin.
Bodily said the gun failed to fire because the magazine wasn’t fully inserted.
Demler argued the victim made up the story of hearing the gun’s trigger click and never told police about it, the night of the assault.
Lesky is also facing additional charges of theft, a second-degree felony and other misdemeanor charges.
Judge Cannell said he will rule on whether Lesky will be bound over on the additional charges once the state clarifies the more serious charges of attempted aggravated murder and aggravated kidnapping.
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