LOGAN — A judge has refused to release Colter Peterson on bail, siding with a juvenile judge’s ruling that the 16-year-old, accused of shooting Deserae Turner, is a substantial danger to the community. He also set a two-week jury trial that is expected to begin in November.
Peterson appeared in 1st District Court Tuesday morning for the bail hearing. His public defender, Mike McGinnis, argued that the defendant was entitled to ask for bail under the State Constitution. He said, Peterson had no previous criminal history and if released, would be placed in his parents care and would wear an ankle monitor.
Cache County Attorney James Swink argued that Judge Angela Fonnesbeck had previously ruled there was substantial evidence to show a crime was committed and the defendant should be held without bail. Swink also read a statement from a classmate, describing how Peterson said he could murder two girls and get a gun easily. He said the court should deny bail because there had been no material changes in the case since the defendant was bound over for trial in March.
After a brief recess, Judge Allen ruled that even though the defendant had a right to request bail, there had been no substantial changes to allow bail. He also said he had reviewed Judge Fonnesbeck’s ruling and took it into consideration, in making his ruling.
Judge Allen set a jury trial date to begin November 1. The trial is expected to run through the 15. He ordered Peterson to appear again in court August 7 for a pretrial conference.
Authorities said Peterson and Jayzon Decker concocted a plan to kill Turner while playing video games and discussing their desire to “get rid” of her. She was found with a gunshot wound to the head, early in the morning of February 17. She had reportedly been left to die in a dry canal east of Sky View High School.
Decker is expected to appear in court Wednesday afternoon for a similar bail hearing.
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