Affidavit details orders to kill in Sparks case, police say

HEBER CITY — Worried that she would tell police his gang was dealing drugs and making fake checks, police say Joshua Binkerd ordered a "hit" on Ashley Sparks, and now officials have the court approval to search cell phones for evidence of that order.

Even though Binkerd, 22, never pulled the trigger, prosecutors recently charged him with aggravated murder because they say he ordered fellow gang member Christopher Alvey to "take care of" Sparks.

Police and prosecutors believe cell phone photographs, text messages and contact lists might contain more information related to the crime and were recently granted a search warrant to review several phones being held as evidence.

Park officials found Sparks, 21, shot four times and barely clinging to life at the Jordanelle State Park on Dec. 26, 2008. She died soon after.

Alvey, then 19, pleaded guilty to aggravated murder and in June was sentenced to 20 years to life in prison with the possibility of parole.

As part of his plea deal, Alvey told police that in November, Binkerd put out the "green light" on Sparks, which meant he wanted her dead, according to the affidavit. Sparks allegedly told Binkerd's friends she was going to police with information about their drugs and fake checks.

Binkerd's attorney, J. Edward Jones, declined to comment on the case at this early stage.

On Dec. 24, police say Binkerd confronted Sparks in a home in Salt Lake City and pointed a handgun at her. He told her she was lucky she was in one of his friend's houses, "implying that (Binkerd) did not want to kill Ms. Sparks in a place where his friend could get in trouble for it," according to the affidavit.

Two days later, police say Alvey and Binkerd were in Binkerd's apartment making fake checks and arranging drug deals when Binkerd got a call from two men. They said Sparks had copied phone numbers from their cell phones and that she had a digital recorder full of incriminating conversations, the affidavit states.

Binkerd told the two men to bring Sparks near his apartment and that Alvey would then "take care of" her, according to the affidavit.

When they arrived, Alvey and Sparks left in a different vehicle, with Sparks going willingly. Binkerd had already given Alvey a black 9mm handgun, which he said was for Alvey to use to protect him, the affidavit states.