Course of beating case uncertain

PROVO — Three men and one bat.

That is the simplest version of an August fight that left one man in critical condition and two others charged with aggravated assault.

"It was just a senseless act," said Thong Khamphasithivong, who lives near the scene of the attacks. "Ten guys on one guy."

The only problem with that observation, however, is determining what role two of those men — Daniel Hola and Juan Uribe — played in the Aug. 24 altercation.

According to court records, the incident was actually a series of fights that began when Daniel Hola, 18, allegedly assaulted 21-year-old Juan Uribe of Orem at a Provo house party. Upset, Uribe left the residence, records state, only to return with a group of friends and a baseball bat.

Upon locating Hola, police say, Uribe began to attack Hola with an aluminum bat, though Hola managed to gain control of the weapon. With the bat in his possession, police say Daniel Hola began to swing, striking the man who happened to be in front of him — 19-year-old Ernesto Delgado of Provo.

Both Uribe and Hola were charged in connection with the beating. Hola is charged with one count of second-degree felony aggravated assault for attacking Delgado, while Uribe is charged with two counts of third-degree felony aggravated assault for hitting Hola.

If the details of those charges weren't confusing enough, the case has taken additional twists and turns during its court proceedings.

To start, 4th District Judge Anthony Schofield ordered both men to avoid contact with the respective ethnic community of the other. That means Hola cannot speak with members of the Latino community and Uribe is to avoid members of the Tongan community even though police have not raised race as an issue in the case.

"At this time, there is no indication the incident was gang-related," said Sgt. Chris Orndorff of the Provo Police Department.

The court made another unusual decision last week when Schofield denied separate requests by Uribe and Hola to dismiss their cases. Instead, he granted them the opportunity to readdress their requests in writing.

"It's pretty strange — the judge told them they couldn't, but they get to try again," said Deputy Utah County Attorney Guy Probert. "This all just provides a record should they appeal their cases later."

Those written requests will be considered at a motion hearing scheduled for Nov. 6. Where the case will go from there, however, remains uncertain.

"It's too early to say what will happen," said Thomas Means, a public defense attorney for Hola. "I am just trying to get my hands around the case."

Meanwhile, Schofield has ordered Hola back to Snow College, where he plays football for the school. Hola is the younger brother of Molonai Hola, a businessman who is running for Salt Lake City mayor.

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E-mail: lsanderson@desnews.com