7 defendants in DJ Bell assault case waive hearing on evidence

SALT LAKE CITY — Seven defendants accused of assaulting a South Salt Lake man and his partner waived their rights to a hearing on the evidence in the case Wednesday.

A two-day preliminary hearing had been set for those charged in March with brutally attacking David James "DJ" Bell and his partner, Dan Fair, in their South Salt Lake home after a late-night party on July, 4, 2008.

One by one, all seven stood with their attorneys and waived their rights to a hearing on the evidence in the case. They were all assigned an arraignment date of Feb. 7.

Bell was initially charged with kidnapping two children during that party, but was acquitted in a subsequent trial.

Many of the same people testified as victims in the trial, but they are now defendants facing charges ranging from riot, a third-degree felony, to aggravated assault, a first-degree felony.

Prosecutors say several people broke into Bell's home and threw a TV onto Fair's head, smashing his right eye socket. Bell sustained mild traumatic brain injury, cuts on his feet and neck and permanent partial hearing loss in one ear because of the beating.

After the hearing, Bell said the legal process has "been an enormous emotional roller coaster" that has left him "destroyed" financially. He said he has already incurred $100,000 in bills and will require yet another surgery for hearing loss in his right ear.

He said he isn't sure what an ideal outcome in the case for him would be, but hopes at least for some financial restitution.

"I think I'd like to see prison time served," he said. "But then I think of the poor kids involved. They're not going to have their parents. There is no win in this. None."

Ultimately, though, he hopes all of those involved can move on.

"The best case scenario is the justice system works the way it's supposed to and everyone gets their just desserts and that everyone moves on once it's done," Bell said.

Defense attorney Clayton Simms, who represents Lisa Aiono, 27, who is facing one count of riot, said the fact that the case had already gone to trial once lessened the need for a hearing on the evidence in the case.

"We already know a lot about the case," he said. "Many witnesses have already taken the stand, there was already a record of the testimony."