Behave in court, judge warns Allgier

At least 10 deputies provide security at scheduling meeting

Published: Saturday, July 14 2007 12:11 a.m. MDT

Curtis Allgier appears with Brennon Fuelling, left, and Ralph Dellapiana for a scheduling conference.

Laura Seitz, Deseret Morning News

Enlarge photo»

Curtis Michael Allgier, the man charged with gunning down a corrections officer during an escape, appeared in court Friday and was warned by a judge to conduct himself properly.

"You have a right to be present," 3rd District Judge Deno Himonas told the heavily tattooed Allgier. "If you are here in court, it is my expectation that you will behave appropriately. Is that understood?"

"Yes," Allgier replied.

Allgier, 27, is charged with a number of felonies, including one that could carry the death penalty if he is convicted. The state has not yet filed notice that it will seek the death penalty, but Salt Lake County District Attorney Lohra Miller has stated publicly that her office will do so.

Security was heavy at the scheduling conference hearing with at least 10 deputies in the courtroom. Plans were to set a date for a preliminary hearing, but instead defense attorney Michael Peterson asked for another scheduling conference because lawyers representing Allgier need time to review the extensive "discovery," or evidence from prosecutors, that is expected in the case.

After that, Peterson said, the defense team expects there will be a two-day preliminary hearing where witnesses will be called.

Himonas set another scheduling conference for Sept. 7.

Meanwhile, prosecutors have filed an amended complaint against Allgier that prosecutor Robert Stott later said characterized as basically a technicality that revises and corrects some legal language.

Allgier is charged with first-degree felony aggravated murder in connection with the fatal shooting of corrections guard Stephen Anderson, 60. Anderson on June 25 had transported Allgier from prison to a Salt Lake medical clinic for an MRI.

Prosecutors say Allgier shot Anderson twice, once in the head and once in the chest, with Anderson's own gun, then fled the hospital, commandeered a vehicle from the people inside it, raced off evading police and ultimately ended up in a restaurant where he threatened customers and employees there.

Allgier also is charged with disarming a peace officer, aggravated escape, aggravated robbery and three counts of attempted aggravated criminal homicide, all first-degree felonies. He also is charged with possession of a firearm by a restricted person, a second-degree felony.

He is being held in the Salt Lake County Jail with no bail.

Trisha Tower, a woman prosecutors say tried to help Allgier get rid of his prison jumpsuit, has been charged with first-degree felony obstruction of justice. She also is being held in the jail on $100,000 cash-only bail. A preliminary hearing in her case has been set for Sept. 25.


E-mail: lindat@desnews.com

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