SALT LAKE CITY — A man accused of goading a teenage girl into committing suicide and filming it is asking the Utah Court of Appeals to grant him an appeal of his prison sentence.
On Tuesday, a three judge panel heard arguments in Tyerell Przybycien's request. He was convicted in 2018 in connection with the death of 16-year-old Jchandra Brown. Utah County prosecutors alleged Przybycien purchased a rope, tied a noose and filmed the girl as she took her own life in 2017 in Payson Canyon.
Prosecutors initially charged him with murder, but Przybycien's attorneys argued he didn't kill Brown. Przybycien ultimately pleaded guilty to child abuse homicide and he was sentenced to serve five years-to-life in prison.
Przybycien now argues he got ineffective counsel in a lower court, because he was not properly advised of his right to appeal his sentence (arguments suggested he anticipated getting probation) or challenge the effectiveness of his attorneys. The judges quizzed Przybycien's appellate lawyer, Doug Thompson, about how much notice a criminal defendant must get about their rights to appeal.
"If a defendant is told even at the time of sentencing that he has a right to appeal, he has to file in 30 days, there’s an additional Sixth Amendment obligation to tell him in those 30 days?" asked Judge Ryan Tenney.
"Depends on the circumstance," Thompson replied, later adding: "This is a defendant that if he had been given that explanation would have exercised it or would have been interested."
The Utah Attorney General's Office argued that Przybycien had been properly notified of his right to appeal. He was told at sentencing.
"For the defendant to now say I would have raised those claims but I didn’t know about them? That’s not the factual universe that we have in this case," said assistant Utah Solicitor General Michael Palumbo.
The court took the case under advisement with no timeline for a ruling. If Przybycien is successful in this appeal, the remedy would be to allow him to challenge his sentencing before the Utah Court of Appeals.
If you or someone you know is struggling with thoughts of suicide, help is available 24/7 by calling 1-800-273-TALK. Utahns can also visit Hope4Utah and the Suicide Prevention Resource Center for additional resources. You can also download the SafeUT app for instant, confidential crisis services.
