Teen suspected of killing 2 brothers will remain in custody despite no charges

Published: Friday, June 14 2013 1:50 p.m. MDT

Flowers and stuffed animals are placed at the crime scene in West Point on Thursday, May 23, 2013. A 15-year-old boy arrested in connection with the deaths of his two younger brothers will remain in custody at the request of his attorneys in an effort for them to continue discussions with prosecutors about possible charges

Laura Seitz

FARMINGTON — A 15-year-old boy arrested for investigation of murdering his two younger brothers will remain in custody at the request of his attorneys.

At a weekly review of the boy's custody status Friday, defense attorney Todd Utzinger said a juvenile court judge granted his request that the boy stay in custody at Farmington Bay Youth Detention Center to allow additional time for prosecutors to file criminal charges.

"The judge extended the timeline for the county to file charges another two weeks," Utzinger said. "I think the county has tentatively reached a conclusion about what they want to do, but they agreed to give us some additional time to provide input before they make that final decision."

Alex Vidinhar, 10, and Benjie Vidinhar, 4, were found dead in their West Point home May 22 with wounds consistent with a stabbing. They had been left in the care of their 15-year-old brother, who was later arrested on suspicion of murder.

At a hearing on May 31, attorneys on both sides of the case asked that the teenager remain in custody to allow prosecutors to have additional time to receive and review evidence in the case. Utzinger said he requested the second extension Friday to allow for continued discussions with prosecutors.

The Davis County Attorney's Office will determine what charges to file and whether to file charges against the teen in juvenile court or adult court.

"Both sides are trying to handle it very carefully, because of the nature of what happened and how young the suspect is," Utzinger said. "We're grateful the county attorney's office is giving us some additional time to try to provide input before they make their final decision about what charges to bring."

He said he anticipated that his client's detention review next week would be uneventful, but that charges would likely come the following week.

The boys' father has said he does not want his teenage son tried as an adult or to face a potential sentence of life in prison without parole. He said the family "never imagined something like this could happen," and believes emotional or mental health issues may have played a role in the tragic incident.

Email: emorgan@deseretnews.com, Twitter: DNewsCrimeTeam

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