Schanze case goes to lower court
OREM — No super trial for Dell "Superdell" Schanze.
The former computer salesman was scheduled for a one-day jury trial Friday in 4th District Court, but last-minute legal rulings pushed the case back to a lower court.
Schanze, known for high-intensity computer commercials, unusual legal run-ins and a campaign to become governor in November, was charged with carrying a concealed dangerous weapon, seat-belt violations and reckless driving after being pulled over in August 2008 by an officer in Saratoga Springs.
The officer said Schanze was weaving all over the road, failed to put seat belts on his children in the back seat and allegedly had his gun in his fanny pack.
Schanze and his attorneys disputed that Schanze had his gun with him but argued that a change to the gun law during the 2009 Utah Legislative session would have precluded a charge anyway. Defense attorneys Sasha Brown and Grant Nagamatsu found the firearm amendment as they were preparing for trial and petitioned Judge Christine Johnson to throw out Schanze's charge, Brown said.
The new law, effective in May, states that an individual without a concealed weapons permit may possess a firearm in a vehicle, as long as they have the vehicle owner's permission.
Schanze's concealed weapons permit was expired in August 2008 when the two police officers saw the gun in his fanny pack, said Saratoga Springs prosecutor Lindsay Jarvis. That's why he was charged with what used to be a class A misdemeanor.
Jarvis called the new law "one of the worst laws we've seen written," and opposed the motion to dismiss the charge.
However, Johnson ruled Friday that even though the crime happened before the amendment, "the benefit of the doubt with the amendment should go toward the defendant," Brown said.
With the class A, gun-related misdemeanor charge dismissed, the district court lost jurisdiction over the case, which will now be sent back to Saratoga Springs Justice Court, where Jarvis will quickly refile the other misdemeanor charges.
She emphasized this case was not an attempt to "harass" Schanze as he claims, because the officers didn't even know who he was when they pulled him over.
Schanze's request to proceed with a trial Friday on the remaining misdemeanor charges was denied.
"Dell wanted his day in court today," Brown said. "But with the judge's decision we'll have to wait."
Meanwhile, Schanze still insists he is innocent of the charges.
"He wants to clear his name of all wrongdoing," Brown said. "He's adamant to get this under way."
E-mail: sisraelsen@desnews.com
Recent comments
I don't want our police spending their time on insignificant issues...
iamsure | Aug. 1, 2009 at 10:15 p.m.
a lower court? I bet Super Dell would like to take it to the U.S....
What? | June 20, 2009 at 7:20 p.m.
Spector ...... now that's a good one.
Rube | June 20, 2009 at 7:02 p.m.
- 2A championship: Defense sparkles 11:53 p.m.
- Aggies beat Spartans in snowy Logan 11:43 p.m.
- Jazz hope D-Will returns soon 11:40 p.m.
- 1A championship: Rich undefeated 11:34 p.m.
- 1A: Rich defense rises to occasion 11:31 p.m.
- Pacquiao stops Cotto to win 7th title 11:26 p.m.
- NFL Sunday 11:25 p.m.
- 9/11 trial - parable of right, wrong 11:24 p.m.
- Gitmo detaines headed to the U.S. 11:23 p.m.
- Utah Grizzlies win 11:19 p.m.
- Apostle's wife felt comfort in attack
- Can BYU root for (ick) Utah Utes?
- Short-handed Jazz fly past Sixers
- D-Will home for daughter
- Bench proves fruitful for Y.
- Utes excited for 'dream' game
- Crash on snowy road kills woman
- Born of water and the spirit
- GameDay in Fort Worth
- BYU happy to escape with victory
- SLC council OKs gay rights policies
358 - Editorial: Mormons and gay rights
200 - BYU happy to escape with victory
193 - Senators want food tax restored
166 - Will state consider gay rights law?
148 - Can BYU root for (ick) Utah Utes?
130 - Letters: Strange breed in Utah
129 - TCU plows past Utes, 55-28
126 - Utes remain silent about BCS
120 - S.L. vote pending on gay protections
113
If you are looking for a bird on the cheap, the following specials from...
How do you handle kids and contests? Our oldest daughter, 7, is of the...
The Utes were lucky that they only lost by 27; Utah was completely outclassed...
It was a great game, very intense. It was a game of the winner scoring early...
You can be a do-nothing politician for just so long before the people throw...
Your not hearing the reasons and argument because you are only listening to...
You have the best football team in the MWC this year. It will be nice to...
Amazing stuff! Already have my tickets to Seattle!
I would encourage all of us to dial into our favorite sports radio shows...
Excellent! Now beat LA! Go RSL!
A wonderful father and husband died in this tragic accident. Please stop...
What an embarrassing loss. The Utes looked shell-shocked from the...

