Schanze case goes to lower court

OREM — No super trial for Dell "Superdell" Schanze.

The former computer salesman was scheduled for a one-day jury trial Friday in 4th District Court, but last-minute legal rulings pushed the case back to a lower court.

Schanze, known for high-intensity computer commercials, unusual legal run-ins and a campaign to become governor in November, was charged with carrying a concealed dangerous weapon, seat-belt violations and reckless driving after being pulled over in August 2008 by an officer in Saratoga Springs.

The officer said Schanze was weaving all over the road, failed to put seat belts on his children in the back seat and allegedly had his gun in his fanny pack.

Schanze and his attorneys disputed that Schanze had his gun with him but argued that a change to the gun law during the 2009 Utah Legislative session would have precluded a charge anyway. Defense attorneys Sasha Brown and Grant Nagamatsu found the firearm amendment as they were preparing for trial and petitioned Judge Christine Johnson to throw out Schanze's charge, Brown said.

The new law, effective in May, states that an individual without a concealed weapons permit may possess a firearm in a vehicle, as long as they have the vehicle owner's permission.

Schanze's concealed weapons permit was expired in August 2008 when the two police officers saw the gun in his fanny pack, said Saratoga Springs prosecutor Lindsay Jarvis. That's why he was charged with what used to be a class A misdemeanor.

Jarvis called the new law "one of the worst laws we've seen written," and opposed the motion to dismiss the charge.

However, Johnson ruled Friday that even though the crime happened before the amendment, "the benefit of the doubt with the amendment should go toward the defendant," Brown said.

With the class A, gun-related misdemeanor charge dismissed, the district court lost jurisdiction over the case, which will now be sent back to Saratoga Springs Justice Court, where Jarvis will quickly refile the other misdemeanor charges.

She emphasized this case was not an attempt to "harass" Schanze as he claims, because the officers didn't even know who he was when they pulled him over.

Schanze's request to proceed with a trial Friday on the remaining misdemeanor charges was denied.

"Dell wanted his day in court today," Brown said. "But with the judge's decision we'll have to wait."

Meanwhile, Schanze still insists he is innocent of the charges.

"He wants to clear his name of all wrongdoing," Brown said. "He's adamant to get this under way."

E-mail: sisraelsen@desnews.com