Prosecutors may seek death penalty in Damien Candland murder case

PROVO — Prosecutors say they may seek the death penalty in light of new charges filed against Damien Candland, a 22-year-old man accused of murdering his aunt.

Candland was originally charged with murder, a first-degree felony, and obstruction of justice, a second-degree felony, in the death of his aunt, 41-year-old Amy Candland. But prosecutors amended the murder charge to aggravated murder Thursday based on the medical examiner's report that said Amy Candland was raped before she was killed. Aggravated murder is also a first-degree felony, but carries a potential death sentence.

Prosecutors also opened a new case against Damien Candland, charging him with aggravated assault causing serious bodily injury to another, a second-degree felony, in connection with a May 30, 2009, incident unrelated to Amy Candland's death.

Defense attorney Richard Gale said the incident occurred after Damien Candland's father bought a long board for a boy living in their trailer park, but the boy's father took the long board and pawned it for money to buy alcohol. Damien Candland is charged with assaulting the boy's father, but prosecutor Mariane O'Bryant would not provide details any about the alleged assault.

"When (Damien Candland) became a suspect (in the murder case), they started looking for other things he might have been involved in," O'Bryant said. At that point, (investigators) discovered the May 2009 assault.

Both the new and amended charges give prosecutors the option of seeking the death penalty, something prosecutors said they may do. If Damien Candland were found guilty of the 2009 assault with serious injury, a following assault and murder would qualify him for the death penalty. But even without the 2009 case, Gale said the new aggravated murder charge is likely enough to let prosecutors push for the death penalty.

"This is just (prosecutors) not putting all their eggs in one basket," Gale said.

He said the amended murder charge wasn't a surprise and didn't make his case look any easier.

Both sides are waiting on some DNA analysis and records for three different cell phones before trial, Gale said.

Amy Candland's body was found by a hiker in Hobble Creek Canyon, east of Springville, on Feb. 21. Police said she had been beaten, raped and strangled.

Damien Candland was arrested the next day after police say they matched duct tape on the body and footprints at the scene with a roll of tape and shoes found at the house where he had lived with his aunt.

His father told police Damien had a "violent relationship" with his aunt and that he believed his son was responsible for her death, according to a police affidavit.

Amy Candland had told a friend she was "terrified" of her nephew and wanted him out of the house they shared, the affidavit states. The friend said she had previously taken Amy Candland to the hospital for injuries he had inflicted.

Damien Candland's preliminary hearing for the murder case and waiver hearing for the assault case are both scheduled for Aug. 3.

e-mail: ashaha@desnews.com