Murder suspect is given access to joint account

A woman accused of killing her husband should not be stopped from accessing the couple's shared bank account, a state judge ruled Monday.

Barring Becky L. Peacock, 51, from the account, as a 3rd District judge had ordered last week, is based on "the unsupported presumption that Ms. Peacock is guilty," defense attorney Ron Yengich said at a Monday review of the temporary order.

In court and in a filed memorandum, Yengich said there is a significant difference between civil court and criminal court: Defendants in criminal court are presumed innocent until proved guilty.

Judge Sheila K. McCleve agreed with Yengich that it was unusual for an order relating to a civil matter to become part of a criminal proceeding. At the same time the criminal court is dealing with the case, the civil probate court is deciding how to distribute Michael Peacock's modest estate.

Children from a former marriage filed a motion asking McCleve to forbid Becky Peacock from the funds until the probate court decides who owns them.

The children said their father was the sole money-earner in the marriage and that the funds will be needed for "estate expenses" and "ought to benefit decedent's children rather than Becky Lynn Peacock."

Peacock is charged with first-degree murder in the April 16 shooting death of her husband, Michael V. Peacock, 52, at the couple's Holladay home. Becky Peacock later turned herself in to police in Farmington, N.M., about 12 hours later.

A family friend who was staying with the couple and who had eaten dinner with them found Michael Peacock's body in the kitchen after she used the basement sauna. She told police there was was one gunshot wound to the chest.

The friend states in court documents that she couldn't reach Becky Peacock and that she had heard the couple arguing but had not heard any gunfire. Police found a revolver a few feet from Michael Peacock's body.

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