Judge to ponder whether man intended to kill ex-wife and former boss

Robert Wayne Hunter told a co-worker last year that he was going to kill his ex-wife and his former boss after the Hunters divorced and the ex-wife married the boss.

Hunter then showed up at the man's house, smashed a plate-glass window and went inside, only to be blasted by the homeowner's shotgun, police say.

Hunter now is facing two counts of attempted aggravated murder and one count of aggravated burglary, all first-degree felonies.

But Hunter's lawyers insist that, although Hunter did make the threatening remark, there was not any evidence at the scene itself to show that Hunter really intended to kill his ex-wife, Elaine, and her new husband, Joseph McIntosh.

They have asked 3rd District Judge Paul Maughan to prevent the case from proceeding to trial on those particular charges and argued that Hunter is perhaps guilty of lesser offenses.

Defense attorney Steven Shapiro told the judge Thursday that previous testimony shows Elaine McIntosh fled the house and saw nothing, Joseph McIntosh did not see Hunter with a weapon and Hunter did not make any moves that would indicate he planned to kill anyone.

"I don't think there's any supporting evidence in common sense or case law that would support that argument," Shapiro said.

"Maybe there would be a fist fight, maybe they'd have words," Shapiro said.

Police did later find a sledgehammer covered with glass particles in Hunter's truck, a gun in the truck and a gun on Hunter's ankle, but Shapiro said there is nothing to indicate Hunter had any of those while he was in the house.

Shapiro argued that perhaps Hunter should more correctly be facing other, lesser charges.

Prosecutor Tupakk Renteria, however, said an earlier preliminary hearing before another judge produced plenty of evidence to bind Hunter over for trial.

Renteria said the phone call announcing the threat was telling.

"He said, 'I'm going to kill Joe and Elaine,' " Renteria said. "The intent was shown by his words."

The co-worker called Joseph McIntosh and warned him of what Hunter said.

Hunter then drove to the McIntosh home, broke in and was inside the house when Hunter himself ended up getting shot and wounded by McIntosh. Elaine McIntosh had fled the building.

Maughan said there was little Utah case law on such situations and he would take the arguments under advisement and do his own research before rendering a decision. The judge set a new court date for Aug. 10.

e-mail: lindat@desnews.com