Trial ordered for Stephen Strate in Orem murder case

PROVO — Despite testimony from a tearful mother-in-law who defended his character, an Orem man accused of fatally shooting her son was ordered Wednesday to stand trial for the death.

In testimony heard for the first time, 79-year-old Lavern Sidwell told the court Stephen Strate had no history of fighting or arguing with her son Marvin Sidwell, 51.

"Stephen was very good to Marvin, and Marvin was always bragging about Steve," she said.

Strate, 55, is accused of shooting Marvin Sidwell five times during an argument on Oct. 25, 2009, at the Orem home Marvin and Lavern Sidwell shared at 433 S. 360 West. Strate is charged with murder, a first-degree felony, but pleaded not guilty to the charge Wednesday.

Defense attorney Ron Yengich argued during the preliminary hearing that Strate acted in self-defense because Marvin Sidwell had attacked him with a stool.

Utah Medical Examiner Edward Leis testified that Marvin Sidwell died from the five gunshot wounds. Toxicology tests indicated that Sidwell had methamphetamine in his bloodstream when he died, something that Yengich argued could have led to aggressive behavior.

But Leis said while he did not know how the drug could have influenced the events leading up to Sidwell's death, "the gunshots wouldn't have been any less fatal" without the drug.

Prosecutors played a 911 call from Strate in which he told a dispatcher Sidwell "came at me with a … chair."

Yengich hinted that other objects, including rifles in a closet across the room and tools scattered around the area, could have caused Strate to fear for his safety. In the 911 call, however, Strate only mentions the chair.

Lavern Sidwell said the two men argued because Marvin Sidwell thought the house he shared with his mother was going to be sold to a neighbor.

According to an affidavit, Marvin Sidwell threatened the neighbor, and Strate confronted his brother-in-law about the threats. Sidwell was shot during the ensuing argument.

Prosecutor David Sturgill said he did not dispute the fact that the argument took place, but said Strate "knowingly and intentionally" killed Sidwell.

Orem police detective Randy Crowther said police found seven spent bullet casings in the basement bedroom and bathroom. The number and type of bullets and casings found were consistent with the .380-caliber handgun recovered at the scene, Crowther said.

After 4th District Judge James Taylor's decision to bind Strate over for trial, prosecutors asked that Strate, who holds a concealed weapon permit, be barred from carrying firearms until after the trial. The judge, however, said Utah law allows Strate to continue to carry a gun.

Both prosecutors and defense attorneys said they expect the case to go to trial without any plea bargains.

"This is straight self-defense," Yengich said.

A scheduling hearing was set for April 8.

e-mail: jsmith@desnews.com