From Deseret News archives:
Trolley Square shooting victim's parents appeal to federal court
Ken and Sue Antrobus filed an emergency appeal Tuesday morning with the 10th U.S. Circuit Court of Appeals in Denver, seeking to have Vanessa Quinn legally recognized as a victim in the case against Mackenzie Hunter. He sold Sulejman Talovic the .38 Special that was used to kill Quinn during the Feb. 12 shooting rampage.
"By unlawfully selling a handgun to Talovic, the defendant effectively 'set a bomb' that is, let loose a person who was prohibited by federal criminal law from carrying such a weapon," the Antrobuses attorneys Paul Cassell and Greg Skordas wrote. "The bomb 'exploded' some eight months later when Talovic did precisely what Congress was concerned about: committed multiple violent felonies."
Talovic, 18, went on a shooting rampage at the Trolley Square mall, killing five people and wounding four others before dying in a shootout with police.
A federal judge last week denied the Antrobuses request to have Quinn recognized as a victim under the Crime Victim Rights Act. It would have allowed them to speak at Hunter's sentencing and seek restitution.
"The defendant's criminal sale of a handgun directly harmed Vanessa Quinn when she died from a bullet fired from that gun," their attorneys wrote. "The defendant's crime also proximately harmed her, as the defendant had good reason to foresee that the gun would be used in a crime of violence."
Hunter, 20, disagrees. In a motion filed Monday in connection with his case, his attorney argued that Hunter had no way of knowing what the gun would have been used for.
"Vanessa Quinn was a victim of a tragic and heinous crime that had no direct or proximate connection with Mr. Hunter's crime of providing a firearm to a minor, Sulejman Talovic, eight months earlier," Hunter's lawyer David Finlayson wrote.
"There has never been any evidence provided, statement made or argument by the United States that could lead to a finding that Mr. Hunter could have foreseen the actions of Talovic at Trolley Square."
The Antrobuses are asking the 10th U.S. Circuit Court of Appeals to decide whether they will hear the issue within 72 hours. Hunter is to be sentenced on Jan. 14.
E-mail: bwinslow@desnews.com
Recent comments
I guess if you would all read the news Utah law says if you sell a...
Earl | Jan. 15, 2008 at 9:05 p.m.
These comment sections are worthless. Whoever is moderating is doing...
Craig RULES! | Jan. 8, 2008 at 1:01 p.m.
That's just not the way our legal system works (vicarious...
The legal system | Jan. 8, 2008 at 12:02 p.m.
- BSA to host audiocast over Internet 5:47 p.m.
- Garbage trucks to trash teen drinking 5:47 p.m.
- Court seeks judicial candidates 5:29 p.m.
- Simple candies for the holidays 5:15 p.m.
- Latkes from frozen hash browns 5:14 p.m.
- Cakes taking a starring role 5:14 p.m.
- KSL is No. 1 5:14 p.m.
- Late local news ratings 5:14 p.m.
- Black Bean and Shrimp Salad perfect 5:14 p.m.
- Nonni's offers soft version of biscotti 5:14 p.m.
- 2 citations issued at Y.-U. game
- BYU says Hall incident resolved
- Max Hall: a fixture in rivalry lore
- 'Grandfamilies' a growing trend
- Witness: Mitchell wanted attention
- Mitchell called intelligent, controlling
- MWC '09 season in review
- Jazz win 6th in 7 games
- Daughter: Mitchell fed me my pet
- Jazz ready to be without Harpring
- Hall mouths off about hate of Utah
901 - Cougars beat Utes in overtime
482 - Hall reprimanded by MWC
400 - Max Hall issues apology
387 - Hall's pain reflects self-betrayal
342 - Utes won't respond to Hall
272 - BYU says Hall incident resolved
222 - 2 citations issued at Y.-U. game
150 - BYU is champion of the state
142 - Religion in politics is tiresome
124
My husband was teaching his 6th-grade class in Salt Lake last year when...
Stockton and Malone lived in a different time. These days doctors run tests...
You are exactly right about Harpring. He is a tough, dedicated warrior,...
Dick, I can't agree because the dredges are still awful without the ability...
you're still calling the kettle black, johnnnie...
who is the article about
["you would probably like our society to be based on origin of species right?...
Stick to the old "Royal Blue"!!!!!! (it's lucky!)
TO: BYU MORALS wrt "You won't see this at TCU" etc. I beg to disagree. We...
I have known Ben for over twenty years. After attending HS together at...
So how would this rating work if I switch between 2 and 5 for most of the...

