Bail reduced for Orem man charged with murder

PROVO — A $1 million bail order for an Orem man charged with killing his brother-in-law was cut in half by a judge Thursday.

Fourth District Judge James Taylor ordered that Steve Strate, 54, can post a $500,000 property bond instead of cash. Strate bailed out of jail Nov. 3 after receiving loans from friends and family.

He is claiming self-defense in the Oct. 25 shooting of Marvin Sidwell, 51, in the basement of the Orem home Sidwell shared with his mother. Strate called police immediately and said he had shot Sidwell "six or seven times" after his brother-in-law attacked him with a chair.

In a motion to have Strate's bail reduced, defense attorney Ron Yengich called the case a "tragedy."

"The defendant's brother-in-law … had a history of drug usage, mental instability and threatened violence against a number of other individuals," the motion states. It also states that Strate tried to help Sidwell with his problems.

Sidwell was convicted of driving under the influence four times between 1992 and 2003 and also had convictions in several other drug-related cases.

According to the motion, Sidwell had in his possession "numerous items … that are considered dangerous weapons" when the shooting occurred.

"Mr. Strate defended himself in the course of an argument and reacted in a way he was entitled to react," Yengich said.

However, prosecutors contend the killing was not justified and have charged Strate with murder, a first-degree felony.

Family members and associates of Strate wrote 35 letters to the court prior to Thursday's hearing. The letters uniformly depict Strate as a generous, patriotic man who is neither a flight risk nor a threat to the community. They also describe Strate as scrupulous in his extensive Utah County real estate dealings and in the operation of the crane business he started in 1976.

Several of the letters recount incidents in which he is said to have acted selflessly, including pulling a man from a burning house and detaining a suspect who was fleeing police in a high-speed chase. In another letter, Strate's nephew says his uncle defended him at a Las Vegas construction site when a group of disgruntled workers attacked their crew because they were not local.

The letters also indicate that many people knew Strate had a concealed-weapon permit.

More than 50 people packed the courtroom Thursday and murmured with approval when the judge announced his decision.

Taylor also ordered that Strate have no contact with his mother-in-law, Lavern Sidwell, who was in the home at the time of the shooting. Asked by Yengich if Strate and his mother-in-law could attend the same Christmas party, Taylor said no.

Prosecutor David Sturgill said he was not surprised by the bail reduction.

"We're a little disappointed but we certainly can live with the judge's decision," Sturgill said.

A preliminary hearing set for Jan. 27 will be held in Spanish Fork because of scheduling conflicts.

e-mail: pkoepp@desnews.com