A Provo man accused of attempted murder has chosen to have a jury decide his fate rather than a 4th District judge.

The trial of Faitau Owen Tipa, 36, charged with trying to kill his wife in July 1988, was to begin last week. But Tipa's attorney, Donald Elkins, was unable to proceed because of illness. Elkins told Judge Cullen Y. Christensen on Friday that he feels good enough to proceed and if he becomes sick again his partners could take the case. Tipa agreed to have Elkins continue to represent him.Tipa, who earlier had requested Christensen hear his case and not a jury, changed his mind and asked that his case be presented to a jury. Christensen set trial for Jan. 7.

In 1988, Tipa was found incompetent to stand trial and underwent treatment at Utah State Hospital. He now is in the Utah County Jail after recently being found competent to proceed.