Defendants in DJ Bell beating not immune from prosecution, judge rules

SALT LAKE CITY — A judge has ruled the defendants in the DJ Bell assault case, who were previously plaintiffs in Bell's kidnapping trial, are not immune from prosecution.

A memorandum issued this week by 3rd District Judge Robert P. Faust found that neither the court nor Justice Division Administrator Paul Parker granted immunity to the seven people accused of severely beating Bell on July 4, 2008.

Likewise, Angela Micklos, the lead prosecutor on the kidnapping case, did not grant the defendants immunity, "she only informed the defendants that her office had declined to prosecute certain charges," and later told them, "other charges against them were in fact being considered by her office," according to court records.

Just because initial charges are screened and not prosecuted does not grant anyone from immunity, Faust wrote in his decision issued Wednesday.

"There is a substantial difference between declining to prosecute … and the granting of immunity from prosecution," he wrote.

Faust also noted that Micklos did not have the power to grant immunity.

On July 4, 2008, the children of Lisa Aiono, Lulu Latu, Ieta Mageo and Ricky Peace were at the neighboring apartment of David "DJ" Bell and Dan Fair. Believing the children had been kidnapped, the parents and three friends burst into Bell's home and severely beat him and his partner.

Bell was charged with kidnapping but acquitted during the subsequent trial. After Bell was acquitted, seven of the alleged attackers were charged with felony assault and riot charges by the Salt Lake District Attorney's Office.

Attorneys for the seven said the district attorney's office promised no felony charges would be filed against their clients. They had previously asked that the district attorney's office be disqualified from the case, a motion the judge denied.

A scheduling conference was set for Monday.

e-mail: preavy@desnews.com