Federal prosecutors said they plan to seek a grand jury indictment against the driver of an SUV that rolled in the Four Corners area, killing eight and injuring six others.
Rigoberto Salas-Lopez, 30, appeared before a federal magistrate judge on Wednesday to face a single charge of transporting illegal aliens resulting in death. Salas-Lopez was appointed a public defense attorney to represent him.
It is a crime that carries a potential punishment of life in prison or the death penalty.
Assistant U.S. Attorney Michael Kennedy said no decision had been made on whether to seek the death penalty against Salas-Lopez.
"We will be going to a grand jury either next week or the next," he said outside of court.
Salas-Lopez's defense counsel, Vivian Ramirez, declined to comment on the case.
U.S. Immigration and Customs Enforcement officials continue to investigate Monday's crash on U.S. 191.
"We haven't even identified everybody," Kennedy said of the victims.
The Utah Highway Patrol said Salas-Lopez may have been fondling a woman in the Chevrolet Suburban when he lost control of the vehicle, rolling it.
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