SIM GILL DISTRICT ATTORNEY

Similar documents
IN THE THIRD DISTRICT COURT, WEST JORDAN DEPARTMENT IN AND FOR THE COUNTY OF SALT LAKE, STATE OF UTAH DAO #

SIM GILL DISTRICT ATTORNEY

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE COMPLAINT. Count I. Murder 2nd Degree ( Y )

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE

State of Minnesota County of Olmsted

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE

IN THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH

No one was supposed to know about her conviction Kathy had expunged her criminal record so the mistake she made would not continue to haunt her.

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY AMENDED COMPLAINT

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE

CAUSENO. 71DOS FA-'lW211

Case 2:18-cr RJS Document 1 Filed 01/03/18 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT DISTICT OF UTAH, CENTRAL DIVISION

MOTION TO SUPPRESS STATEMENTS

) ) SS: ) KENNETH P. COTTER, upon information and belief, affirms under the penalty of peijury

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ACER TO THE DISTRICT ATTORNEY OF THE COUNTY OF ACER:

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO KA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

Case 2:11-cv CW Document 14 Filed 10/17/11 Page 1 of 5

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY COMPLAINT

COLUMBIA'S FIRST BAPTIST FACES LAWSUIT OVER FORMER DEACON'S CONDUCT

SUPREME COURT OF ARKANSAS No. CR

Joseph Sartori OSPI Case Number: D Document: Final Order of Mandatory Permanent Revocation

IN THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR SAN JUAN COUNTY, STATE OF UTAH. Case No. v. Judge WILLIE GRAYEYES,

COOK COUNTY SHERIFF'S MERIT BOARD. Docket # 1850 DECISION

IN THE THIRD JUDICIAL DISTRICT COURT SALT LAKE SALT LAKE COUNTY, STATE OF UTAH

IN THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH. Civil No.: Judge

FILED FEB AMENDED INFORMATION IN THE DISTRICT COURT EIGHTH JUDICIAL DISTRICT STATE OF WYOMING ) ) 55: COUNTY OF NIOBRARA)

IN THE COURT OF APPEALS OF INDIANA

Perjury Warrant Denied Against Former DPD Deputy Chief James Tolbert

UNITED STATES DISTRICT COURT

IN THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH

IN THE CIRCUIT COURT CRITTENDEN COUNTY APPELLEES SECOND MOTION AND BRIEF FOR RECONSIDERATION

CITY OF SOUTH SALT LAKE CITY COUNCIL MEETING. COUNCIL MEETING Wednesday, September 21, :00 p.m. PRESIDING Council Chair Deborah A.

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FORIDA THE STATE OF FLORIDA CAPIAS

Court of Appeals of Ohio

STATE OF OHIO ERIC SMITH

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

BLUMENFIELD & SHEREFF, LLP Attorneys at Law

Norman Blake McKenzie v. State of Florida SC >> THE NEXT CASE ON THE COURT'S AGENDA IS MCKENZIE VERSUS STATE. >> MR. QUARLES LET'S HEAR ABOUT

Plaintiff. v. CRIMINAL ACTION. 1. I am the mother of Michael Strenko. My son was murdered on May 15, 2003 by

The Timely Justice Act: Is it Fair Justice. Florida also leads the nation in the number of exonerations from death row, twenty-four to be exact

INTRADEPARTMENTAL CORRESPONDENCE. The Honorable Board of Police Commissioners

A Letter to My Murderer

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

MISSOURI CIRCUIT COURT - TWENTY-SECOND JUDICIAL CIRCUIT (ST. LOUIS CITY) STATE OF MISSOURI )

SUPERIOR COURT OF THE STATE OF DELAWARE T. HENLEY GRAVES SUSSEX COUNTY COURTHO USE RESIDENT JUDGE ONE THE CIRCLE, SUITE 2 GEORGETOWN, DE 19947

INNOCENCE PROJECT University of Wisconsin Law School

UnofficialCopyOfficeofChrisDanielDistrictClerk

BRIEF OF THE APPELLANT

State of North Carolina General Court of Justice Prosecutorial District Three B

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

JIM HOOD, ATTORNEY GENERAL

Statutory Declaration

Case 1:12-cv RJS Document 8 Filed 01/29/13 Page 1 of 8

STATE OF OHIO DONTA SMITH

On the Origin of the Omar 60 & Walnut Notes From Episode 4 of Undisclosed s Series on Terrance Lewis

John M. O Connor, Esq. ANDERSON KILL & OLICK, P.C.

IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SUMMIT COUNTY, STATE OF UTAH

WHEN I WAS BEFORE THE JUDGE. One Teen s Story About Family Court

Alabama. # Concealed Handgun Permit Holder: Tykee Smith PENDING. Date: August 2, People Killed: 1

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO KA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2010

Kevin COOPER. This photo shows a bloody shoeprint found in a sheet in Doug and Peggy Ryen's bedroom.

Decided: February 6, S16A1781. SMITH v. THE STATE. Appellant Christopher Rayshun Smith was tried and convicted of murder

Case: 1:10-cv Document #: Filed: 05/11/12 Page 1 of 5 PageID #:2260

BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA AMENDED NOTICE OF FORMAL CHARGES

Murder At The Bridge An Exham On Sea Cosy Murder Mystery Whodunnit Exham On Sea Murder Mysteries Book 5

No Plaintiff and Appellant, Defendant and Respondent.

NOT DESIGNATED FOR PUBLICATION. No. 116,945 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellant, ROBERT DALE RHOADES, Appellee.

JENSIE L. ANDERSON. University of Utah S.J. Quinney College of Law

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA. ) Case No. CR D

Jurors, Former Prosecutors and Judges Urge Governor Warner to Grant Clemency to Norfolk Four

- 6 - Brown interviewed Kimball in the police station that evening and Kimball was cooperative and volunteered the following information:

STATE OF MAINE CHRISTIAN NIELSEN. [ 1] Christian Nielsen appeals from a judgment of conviction entered in the

CITY OF SOUTH SALT LAKE CITY COUNCIL WORK MEETING. COUNCIL MEETING Wednesday, November 9, :17 p.m.

IN RE: Willie J. Williams, Jr. #A256583

IN THE GAUHATI HIGH COURT

Case 2:10-cv MLCF-SS Document 564 Filed 05/30/12 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

NOT DESIGNATED FOR PUBLICATION. No. 115,609 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee,

IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF KOOTENAI ) ) ) ) ) ) ) ) ) ) ) )

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 98-CF-273. Appeal from the Superior Court of the District of Columbia (F )

A FULL TIME PASTOR OPENING


Supreme Court of Florida

SUPPORT STAFF APPLICATION (For all positions other than teaching) Position applied for: Date:

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI. v. ) No. 16CR

Case 3:14-mj Document 1 Filed 03/11/14 Page 1 of 9 Page ID#: 1 UNITED STATES DISTRICT COURT. for the District of Oregon ) ) ) ) ) ) ) Case No.

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT MEIGS COUNTY

THOMPSON KILLER WAS WHITE, NOT BLACK:

The Privilege of Self-examination Rosh Hashanah, Day Two September 15, Tishrei 5776 Rabbi Van Lanckton Temple B nai Shalom Braintree, Massachus

FILED: NEW YORK COUNTY CLERK 11/13/ :21 PM INDEX NO /2013 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 11/13/2018

Sandra M. Halsey, CSR, Official Court Reporter 3205

JANUARY 22, 2014 STATE OF LOUISIANA NO KA-0397 VERSUS COURT OF APPEAL EDWARD AUGUSTINE FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs February 1, 2011

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

IN THE COURT OF APPEALS OF IOWA. No / Filed November 15, Appeal from the Iowa District Court for Polk County, Robert Hanson,

ORAL AND VIDEOTAPED DEPOSITION OF KEN ANDERSON VOLUME 2

Deputy Coroner, Michael VanOver Testified August 7, 2012

July 7, Honorable Mayor Tom Butt City of Richmond 440 Civic Center Plaza Richmond, CA Death of Richard Perez III

Historic Prosecutions by Gregg Marx and other members of the Fairfield County Prosecutor s Office

Transcription:

Ralph Chamness Chief Deputy Civil Division SIM GILL DISTRICT ATTORNEY Jeffrey William Hall Chief Deputy Justice Division Lisa Ashman Administrative Operations FOR IMMEDIATE RELEASE: March 7, 2014 Blake Nakamura Chief Deputy Justice Division Contact Sim Gill (801) 230-1209 or sgill@slco.org DA FILES NOTICE TO SEEK DEATH PENALTY Salt Lake City, UT -- Today, the Salt Lake County District Attorney s Office, Sim Gill, Salt Lake County District Attorney, filed a Notice to Seek the Death Penalty in the case of State of Utah v. David Fresques. As required by Utah State Code (76-5-202(3)), prosecutors must notify the Court and parties that the State intends to seek the death penalty in capital homicide cases. Originally charged with three counts of aggravated murder, a capital offense, in February, 2013, Defendant Fresques faces possible sentences of life in prison with the possibility of parole, life in prison without the possibility of parole, or a sentence of death. The case against Defendant Fresques stems from the February 12, 2013 murders of Danielle Lucero, Omar Jarman and Shontay Young. It is alleged that Fresques shot Lucero, Jarman and Young and Vicky Myers (who survived) at 8286 South Adam Street, Salt Lake County. The Amended Information is attached to this press release. All persons accused of a crime are presumed innocent unless and until proven guilty in a court of law. ### 111 E Broadway, Ste 400, Salt Lake City, UT 84111 Telephone 385.468.7600 Fax 385.468.7736 www.districtattorney.slco.org

SIM GILL, Bar No. 6389 District Attorney for Salt Lake County ROBERT L. STOTT, Bar No. 3131 NATHAN J. EVERSHED, Bar No. 11280 THOMAS V. LOPRESTO, Bar No. 11320 Deputy District Attorney 111 East Broadway, Suite 400 Salt Lake City, UT 84111 Telephone: (385) 468-7600 IN THE THIRD DISTRICT COURT, WEST JORDAN DEPARTMENT IN AND FOR THE COUNTY OF SALT LAKE, STATE OF UTAH THE STATE OF UTAH vs. Plaintiff, DAVID FRESQUES DOB: 04/05/1987, AKA: TWISTED 7973 South Main Street Midvale, UT 84047 D.L.# OT 40684748 SO# 298292 Defendant. Assigned to: ROBERT L. STOTT, NATHAN J. EVERSHED, THOMAS LOPRESTO Case No. 131400326 AME DED I FORMATIO The undersigned Deputy District Attorney upon a written declaration states on information and belief that the defendant, DAVID FRESQUES, committed the crime(s) of: COUNT 1 CRIMINAL HOMICIDE, AGGRAVATED MURDER, 76-5-202 UCA, a Capital Felony, as follows: That on or about February 12, 2013 at 8286 South Adam Street, in Salt Lake County, State of Utah, the defendant did intentionally or knowingly cause the death of Danielle Lucero under the following circumstance: the homicide was committed incident to one act, scheme, course of conduct, or criminal episode during which two or more persons were killed. COUNT 2 CRIMINAL HOMICIDE, AGGRAVATED MURDER, 76-5-202 UCA, a Capital Felony, as follows: That on or about February 12, 2013 at 8286 South Adam Street, in Salt Lake County, State of Utah, the defendant did intentionally or knowingly cause the death of Omar Jarman

STATE vs DAVID FRESQUES Page 2 under the following circumstance: the homicide was committed incident to one act, scheme, course of conduct, or criminal episode during which two or more persons were killed. COUNT 3 CRIMINAL HOMICIDE, AGGRAVATED MURDER, 76-5-202 UCA, a Capital Felony, as follows: That on or about February 12, 2013 at 8286 South Adam Street, in Salt Lake County, State of Utah, the defendant did intentionally or knowingly cause the death of Shontay Young under the following circumstances: the homicide was committed incident to one act, scheme, course of conduct, or criminal episode during which two or more persons were killed. COUNT 4 ATTEMPTED CRIMINAL HOMICIDE, AGGRAVATED MURDER, 76-5-202 UCA, First Degree Felony, as follows: That on or about February 12, 2013 at 8286 South Adam Street, in Salt Lake County, State of Utah, the defendant did attempt to intentionally or knowingly cause the death Vickie Myers under the following circumstance: the attempted homicide was committed incident to one act, scheme, course of conduct, or criminal episode during which two or more persons were killed. THIS INFORMATION IS BASED ON EVIDENCE OBTAINED FROM THE FOLLOWING WITNESSES: Tyler Ackerman, Esekia Afatasi, Paul Barker, Justin Beachaver, Zachary Bench, Shannon Bennett, Hugh Bennett, Nichole Brass, Heatherlyn Drips, Timothy Duran, Peggy Faulkner, Angie Hunter, Mike Ikemiyashiro, Aaron Lavin, James Morton, Todd Park, Ben Pender, Paul Peterson, Christine Petty-Brown, Bryan Pickle, Kirk Powell, Chad Reyes, Tyler Richman, Robert Scott, Bret Stewart, Tony Stocking, Douglas Thornton, Pamela Ulmer, Brody Waldram, Scott Warenski, Nicholas Warrick, Ryan Watson DECLARATION OF PROBABLE CAUSE: Your Declarant, Andy Arnn, Detective with Unified Police Department, Violent Crimes Unit, based on interviews of witnesses and from information in report 2013-252650, hereby states the following: On February 12, 2013, officers with Unified Police Department responded to reports of shots fired at 8286 South Adam Street, Salt Lake County. Upon arrival, officers found that Danielle Lucero, Omar Jarman and Shontay Young had gunshot wounds and were deceased. Officers also found Vickie Myers had a gunshot wound to her shoulder. Ms. Myers was transported to Intermountain Medical Center to be treated for her injury.

STATE vs DAVID FRESQUES Page 3 Officers received information that defendant, DAVID FRESQUES, arrived at the residence in the early morning hours of February 12. Officers learned that the defendant was in the living room when he first opened fire and shot Mr. Jarman and Ms. Young. The defendant then went upstairs and shot Ms. Lucero in a bedroom. Afterwards, the defendant shot Vickie Myers in a separate bedroom. The Utah Office of the Medical Examiner determined the cause of death for Danielle Lucero, Omar Jarman and Shontay Young were gunshot wounds, and the manner of each one the deaths to be homicide. Pursuant to Utah Code Annotated 78B-5-705 (2008) I declare under criminal penalty of the State of Utah that the foregoing is true and correct to the best of my belief and knowledge. Executed on: Declarant Authorized for presentment and filing SIM GILL, District Attorney Deputy District Attorney 3rd day of March, 2014 MAH / /

SO # 298292 OTN 40684748 IN THE THIRD DISTRICT COURT, WEST JORDAN DEPARTMENT IN AND FOR THE COUNTY OF SALT LAKE, STATE OF UTAH THE STATE OF UTAH, vs. Plaintiff, DAVID FRESQUES DOB: 04/05/1987, 7973 South Main Street Midvale, UT 84047 AKA: TWISTED SS# 530196953 Defendant. THE STATE OF UTAH; Before: Magistrate WARRA T OF ARREST Case No. 131400326 To any Peace Officer in the State of Utah, Greetings: An Information, based upon a written declaration having been declared by B. Pender - UNIFIED POLICE DEPARTMENT, Agency Case No. CO13-22650, and it appears from the Information or Declaration filed with the Information, that there is probable cause to believe that the public offense(s) of; CRIMINAL HOMICIDE, AGGRAVATED MURDER, a Capital Felony, CRIMINAL HOMICIDE, AGGRAVATED MURDER, a Capital Felony, CRIMINAL HOMICIDE, AGGRAVATED MURDER, a Capital Felony, ATTEMPTED CRIMINAL HOMICIDE, AGGRAVATED MURDER, First Degree Felony, has been committed, and that DAVID FRESQUES has committed them YOU ARE THEREFORE COMMANDED to arrest the above-named defendant forthwith and bring the defendant before this Court, or before the nearest or most accessible magistrate for setting bail. If the defendant has fled justice, you shall pursue the defendant into any other county of this state and there arrest the defendant. The Court finds reasonable grounds to believe defendant will not appear upon a summons. Bail is set in the amount of $2,000,007. Dated this day of March A.D. _2014_. This Warrant may be served day or night. MAGISTRATE SERVED DATE: BY

STATE vs DAVID FRESQUES Page 1 OTHER PENDING CASES FOR THE DEFENDANT Court Court Case # Trial Judge DAO# Charge