Salt Lake man 'competent' for trial

FARMINGTON — A judge has ruled that a Salt Lake City man charged with shooting his father while duck hunting is competent to stand trial.

Benjamin Josef Gully, 19, was evaluated by three doctors who considered whether he would be competent to be tried on a first-degree murder charge in the shooting death of his father. Jim Gully was shot in the face with a shotgun while he and his son were hunting in a remote area between Farmington Bay and the Great Salt Lake in October.

Two of the three doctors found Benjamin Gully was competent as long as he continues to take his medication.

Judge Rodney S. Page of 2nd District Court ruled after a hearing Friday that Gully could be tried.

"I'm disappointed. Ben needs treatment, not prosecution," said Janice Gully, Ben's stepmother.

Defense attorney Fred Metos said he expected his client to be found competent once he was back on his medications and stabilized. Metos plans to ask other doctors to examine his client and then decide whether they will pursue an insanity plea.

Davis County Deputy Attorney Rick Westmoreland said his office will continue pursuing the first-degree murder charge, which carries a sentence of five years to life in the Utah State Prison.

"There is always a possibility we could look at a manslaughter charge," he said, but it would be up to the defense to prove that Ben Gully was mentally ill at the time of the shooting.