Trial ordered in 'heartbreaking' auto homicide case

PROVO — Evidence was presented in court Friday in an automobile homicide case that the judge called "heartbreaking."

"I don't think there's anyone in this room who doesn't grieve," said 4th District Court Judge Claudia Laycock. "This is heartbreaking for all."

Benjamin Shaw, 23, of Provo, was ordered by Laycock to stand trial on two second-degree felony counts of automobile homicide, one class A misdemeanor of reckless endangerment and class C misdemeanor of driving on a denied license.

Two passengers in a car Shaw was driving died when he crashed into a light pole. Police say he was driving while intoxicated. His friends Stephan Sean Peery, 20, of Provo and Ashley Ann North, 20, of Pleasant Grove died from injuries sustained at the crash. Another friend, Cody Fairbanks, 22, Provo, was thrown from the car and suffered serious injuries.

Another passenger, 20, and Shaw were not seriously injured.

In court Friday, the room was full of friends and family who sat somberly during the hearing, wiping away tears and sniffling as they listened to police officers describe the early morning scene on July 14.

"Stephan Peery had blood on his face," said Provo police officer Troy Morgan. "They were trying to remove Ashley from the back set and put her on a gurney, then got a pulse, then got her breathing and got her into an ambulance."

Peery was pulled out later and declared dead at the scene, Morgan said. Fairbanks, who was ejected, was lying on the grass in "dire straits," Provo police officer Russell Nye testified.

Testimony was that Shaw came into the intersection at 2230 North and University Parkway, hit a curb, then another curb and slid clockwise, smashing into a light pole, just southeast of Albertsons. He was traveling about 57 mph with no signs of braking, said Greg DuVal, an accident reconstructionist.

"He reported that he thought he'd been driving a max of 35 to 40 mph and that he just didn't think he was that intoxicated," said Provo police officer Hiatt Bean, who interviewed Shaw later at the hospital.

Prosecutors presented a toxicology report that showed Shaw's blood-alcohol content after the accident was .250, nearly three times over the limit.

Laycock clarified there is no legal limit at which someone can drive, but anything over than .08 allows officers to arrest someone without having to show impairment.