Joshua Binkerd looks over at his attorney Ed Jones just before being taken out of court Wednesday in Heber.
Stuart Johnson, Deseret News
HEBER CITY — A jury may have acquitted Joshua Binkerd of murder, but during his sentencing Wednesday, the family and friends of Ashley Sparks, who was shot four times in the back, said they still believe he's the reason she's dead.
"She was trusting," Sparks' mother, Pamela Larsen, told 4th District Judge Derek Pullan during the hearing. "She trusted (Binkerd), and he did no good for her."
Defense attorney Edward Jones reiterated that it was Christopher Alvey, not Binkerd, who drove Sparks into a canyon and left her fatally wounded near Jordanelle State Park in late December 2008. In May, Binkerd was convicted of manslaughter, a second-degree felony.
"Mr. Binkerd has never admitted to knowingly participating in Ashley Sparks' murder, and he continues to deny that to this day," Jones said. "The family of Ms. Sparks feels like this claim of innocence at this stage is an insult, and I am sorry for that, but the bottom line is the jury found that he was reckless."
That reckless influence will cost Binkerd two to 20 years in prison, said Pullan, who recommended that Binkerd serve the full 20 years.
"Today, it's been represented that you were the friend of Ashley Sparks," Pullan told a shackled Binkerd. "I want you to think about what that means."
Alvey was sentenced last June to 20 years to life in prison after pleading guilty to aggravated murder.
"I didn't want her hurt," Binkerd said Wednesday. "I don't know what Alvey was thinking. I didn't put it in his head in any way, shape or form."
Jones said he plans to file several post-conviction motions and will appeal Binkerd's conviction if those motions are denied.
Sparks was a loving, caring mother, daughter and sister who fell in with Alvey and Binkerd during a rough time in her life, said Sparks' mother Pamela Larsen.
"She was a wonderful person," Sparks' younger sister, 12-year-old Shelbie Larsen wrote to the court. "She didn't deserve what happened. She's resting in peace now, but for us, it's not peaceful, it's heartache."
e-mail: sisraelsen@desnews.com
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