Judge schedules preliminary examinations for teenage shooting suspects

Credit: Serggn/iStockphoto.com.

LOGAN — Preliminary examination hearings have been set for both 16-year-old boys accused of plotting to kill Deserae Turner. A judge scheduled the two hearings, one for each suspect, as defense attorneys said they plan to file motions to close the hearings to the public.

Defense lawyers David Perry and Shannon Demler each told Juvenile Court Judge Angela Fonnesbeck, they planned to file two motions. One would be to close the hearings, and a second motion to request both suspects be given mental examinations.

Outside the courtroom, Cache County Attorney James Swink said he and other prosecutors plan to argue against the motions during a hearing next Tuesday.

“We can’t really speculate on how the court will rule on those,” stated Swink. “It could obviously could change the course of the preliminary examination, we just don’t know.

“Right now we have two days set for preliminary examination on each defendant and that will take place on the dates that were set forth in the court.”

The two-day examination hearings were scheduled for March 21-22 and 23-24.

In court, Swink had asked if the two hearings could be merged, since evidence and testimony would be similar for both defendants.

Judge Fonnesbeck denied the request, saying that each boy was entitled to their own hearing, where she will determine if there is sufficient evidence to bind them over for trial, possibly as adults.

Afterwards, Swink said his request was purely for judicial economy and that prosecutors plan to present the same evidence for each defendant.

“Obviously, the state is interested in getting as much information as possible as we move forward, and providing the court with as much information, so the court can make the best informed decision that the court could possibly make in this matter. So we welcome as much information getting to the court as possible.”

Judge Fonnesbeck ordered both boys to remain held in the Juvenille Detention Center because they are a threat to the community and themselves. Both have been charged with six counts each, including attempted aggravated murder, robbery and obstruction of justice.

Outside the courtroom, Swink said the case has already captured a lot of interest. Prosecutors will take that into consideration as they argue to keep the case open to the public.

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