SALT LAKE CITY — The sale of weapon appears to be at the center of a fatal shooting that left a 21-year-old man dead after he was allegedly abducted by two juveniles from a Taylorsville neighborhood over the weekend.
On Wednesday, the two teenagers, one 17 years old and the other a 15-year-old, appeared at a detention hearing where new details of the incident were made available. FOX 13 News is not releasing the names of the juveniles due to their age.
The body of Alex Franco was found in a remote area of Utah County on Tuesday, just days after he was reportedly abducted by the teens. Police said Franco had been killed by a single gunshot.
According to Judge Annette Jan, who presided over Wednesday's hearing in Third District Juvenile Court, three juveniles originally arrived in Taylorsville to sell a gun to Franco. With Franco inside the suspects' vehicle, an argument began over the sale, with the 17-year-old suspect driving away with Franco being held against his will.
Judge Jan later referred to a statement from law enforcement that said the 15-year-old suspect later told his girlfriend that he had shot and killed Franco in the vehicle with a 9mm handgun. The statement claimed the 17-year-old admitted that he had been driving the vehicle with Franco being held against his will.
After seeing their vehicle on the news for a reported kidnapping, the 15-year-old allegedly cleaned and spray-painted it. The same teen told police that he had been present for the shooting, but did not shoot anyone.
Neither teen has been charged as of Wednesday.
Utah law has different provisions for teens who are 16 or 17 years old, and those who are 14 or 15 year old when it comes to being charged as adults. When a suspect is 14 or 15, the prosecution must first file criminal information in juvenile court.
"Once they file the criminal information in the juvenile court, in cases involving aggravated murder or murder, it's a signal to the defendant that they intend to try that individual as an adult," explained criminal defense attorney Mark Moffat. "But unlike the direct file statute that allows them to file directly in the adult system, they have to file in the juvenile court."
Moffat added that the prosecution has the duty to establish by probable cause that the juvenile committed the crimes charged. If that's met, they have to show by a proponderous of the evidence that the individual should be tried in the adult system.
The court will also look at other factors, such as the nature of the offense, the juvenile's role in the offense and their background or history when determining if they will be charged as an adult.
Both teens will next appear in court on March 27.
