ST. GEORGE — A 17-year-old boy charged with the murder of a youth counselor in Cedar City last year will not face the death penalty, a 5th District judge has ruled.

Shawn Graham and Jesse Simmons each are charged with one count of aggravated murder in the beating death of Anson Arnett, who was found unconscious and stuffed upside-down in a closet at the facility where he worked. Arnett died shortly after being flown to a Salt Lake City hospital in critical condition.

Graham and Simmons were arrested in Las Vegas the next day at an apartment complex. Police recovered a van belonging to Maximum Life Skills Academy, which the teenagers allegedly took from the youth home after beating Arnett with a baseball bat.

Following a hearing on Monday, Judge G. Michael Westfall agreed with Graham's attorney that the capital homicide charge filed against Graham was too harsh and should be reduced to first-degree murder.

"The judge said the intent to kill (Arnett) was not there (with Graham)," said Iron County Attorney Scott Garrett. "It's peculiar here because the judge reversed his own ruling."

Westfall, who also presided over Graham's preliminary hearing and ordered the teen bound over on the capital homicide charge, said a review of the testimony justified the reduced charge, which does not carry the death penalty.

The judge said a comment attributed to Graham by a witness during his preliminary hearing showed the teenager did not intend to kill Arnett.

Garrett said he would confer with the Utah Attorney General's Office to see if an appeal of the judge's ruling should be filed.

"We felt like we had the basis for the original charge," he said. "But we'll look at the possibilities and make a decision within the next week or so."

The teens also face theft and kidnapping charges. Arnett, who had worked for the facility for six months, was working alone the evening he was attacked. State regulators have since revoked the facility's license, citing numerous violations of state law.

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