Utah death-penalty cases grow by one

D.A.'s office adds suspect in 2 shootings to the list

Published: Tuesday, May 26 2009 12:04 a.m. MDT

Riqo Perea

Erin Hooley

The number of people potentially facing the death penalty if convicted of crimes has now reached nine.

The Salt Lake District Attorney's Office recently added Christian Sweenten, the man who allegedly killed two people because they gave him "bad directions," to the list of individuals officially facing capital charges.

Sweenten, 27, was charged with two counts of aggravated murder, both first-degree felonies, in connection with the early morning shooting deaths of Anthony Gaines and Michael Ehlert in Salt Lake City. Police found the men's bodies, with bullet wounds in their backs, after answering a call regarding gunshot sounds at 5 a.m. on Sept. 22, 2008, in the area of 1000 West and 500 North.

The Salt Lake County District Attorney's Office recently informed 3rd District Judge Ann Boyden that prosecutors intend to seek the death penalty if Sweenten is convicted. A three-week trial is set for April 2010.

Throughout Utah there are many defendants charged with "aggravated murder," a first-degree felony that can remain as a straightforward murder charge or it can become a death penalty case.

For example, Salt Lake District Attorney Lohra Miller has publicly stated that her office will ask for the execution of Curtis Michael Allgier, 29, if he is convicted of the 2007 shooting death of corrections officer Stephen Anderson.

However, Miller's office has not given official notification to the court regarding Allgier's situation, so it remains an aggravated murder case.

In the past, prosecutors would formally declare immediately if a case was a capital one or not. Now, under a law that went into effect in 2007, prosecutors do not have to do so until 60 days after an arraignment. Allgier's case, in a legal sense, is still in the early stages even though he was charged two years ago.

Meanwhile, one individual who earlier was facing a potential death penalty charge, Wade Garrett Maughan, earlier this year had the charge against him amended to first-degree felony homicide, which is punishable by a prison term if Maughan is convicted.

The Salt Lake County District Attorney's Office has these capital cases pending in 3rd District court:

 Jason Kyle Clark, 37, who prosecutors say shot and killed Kevin Kone, 50, during a dispute over drugs on April 29, 2007. Prosecutors say Clark also seriously wounded Audra Snider-Gerdin, who was shot seven times, and Debra Lindner, who was shot eight times. Clark also is charged with killing Snider-Gerdin's service dog, Chloe.

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