Jury trial under way in '06 Fourth of July slaying

There are a few parts of a 3rd District Court case all sides can agree on: There was a big Fourth of July party in 2006 in Salt Lake City, lots of people — including gang members — showed up, liquor and drugs were in the mix, along with plenty of guns, and there were some fights.

There also is another undisputed fact — when it was over, Tevita Finau Vaenuku, 18, lay dead from bullet wounds and a teenage boy had been shot and injured.

Anthony David Milligan, 22, and Marco Mike Heimuli, 23, are both on trial on charges of murder, a first-degree felony, and either attempted homicide, or if the jury chooses, aggravated assault, a second-degree felony.

A seven-man, two-woman jury heard opening statements in the pair's trial on Monday, a proceeding that is expected to run the entire week and will possibly put 27 witnesses on the stand.

Prosecutor Sandi Johnson employed a PowerPoint display of maps and photographs to outline the state's case that involves the slaying of Vaenuku near 400 North and 1800 West.

She described a timeline of events that included the comings and goings of an almost bewildering number of people — many of whom have multiple nicknames — on the day before and the day of the shooting.

For prosecutors, it essentially boiled down to one or two young women being pistol whipped and threatened during some kind of altercation. Vaenuku, whose girlfriend was connected to these young women, was summoned to help and he ended up being shot to death.

Johnson contends Milligan and Heimuli were responsible since, among other things, they had been seen running in the area with their hands out, holding guns. She said trial testimony will show the two men also tried to get rid of guns and the pair ultimately fled to California for a time.

"We do not know which gun shot Tevita Vaenuku," she told the jury, but said that anyone who aids or abets a serious crime is as responsible as the actual killer.

Robin Ljungberg, defense attorney for Milligan, praised Johnson's opening statement as "a good attempt to synthesize a huge amount of testimony from many people," but he warned that this case, in his opinion, is more complex than prosecutors described.

"Things are simply not that easy," he said, urging the jury to keep an open mind and remember that Milligan is innocent until proven guilty.

Ljungberg admitted Milligan is a gang member, has been in prison and sports tattoos, but noted that remarks by lawyers are not evidence and jurors should not make decisions based simply on appearances.

"It's very important in this case that you not make a judgment without listening to every bit of evidence," Ljungberg said.

He also said the house where the party was held had received threats and had been shot at previously, so those present had armed themselves. "They were in fear and a hyper-vigilant state," he said.