Allgier will face trial in killing of corrections officer

SALT LAKE CITY — Third District Judge Robin Reese on Thursday ordered Curtis Michael Allgier to stand trial in the death of a corrections officers three years ago — a decision that could lead to a lethal injection for the much-tattooed white supremacist if he is convicted.

Meanwhile, on the final day of Allgier's lengthy preliminary hearing, defense attorneys argued vigorously to lower three other charges of attempted aggravated murder that Allgier is facing to charges of aggravated assault.

Prosecutors said after killing Stephen Anderson, Allgier twice tried to run over a deputy who was setting up spikes in a road during a police chase. They also insist Allgier intended to kill an Arby's restaurant worker, Alejandro Gomez, and customer Eric Fullerton, who jumped in and struggled with Allgier to wrest the gun from him.

Defense attorney Rudy Bautista argued attempted murder counts should be reduced because there was no evidence Allgier intended to kill. Bautista said Allgier swerved in the road to avoid the spikes, not hit the deputy.

Bautista also said Allgier struck Gomez simply to make him comply with commands and that there was no evidence Allgier intended to kill Fullerton, who did not suffer life-threatening injuries.

But prosecutor Vincent Meister said Allgier's conduct as described by witnesses clearly showed what he wanted to do.

"Just because he was not an efficient killer does not mean he didn't intend to kill," Meister said.

Police saw Allgier aim his vehicle at the deputy and narrowly miss him.

As for Gomez, Meister said Allgier dashed into the restaurant, stuck a gun to the man's head and yelled, "Don't move or I will kill you!" or "Don't move or I will shoot you!" When Gomez either stumbled or moved on his own, Allgier pulled the trigger, but the bullet missed Gomez.

As for Fullerton, he tried to save Gomez from what he thought was imminent death, Meister said. When Allgier and Fullerton struggled, Allgier tried to wrench the gun around so it would be pointing at Fullerton's chest, beat Fullerton severely and cut his throat with a knife.

All this shows Allgier meant to kill these men, Meister insisted.

The judge agreed with prosecutors.