A 6th District Court's denial of a request to suppress evidence of drugs in connection with an alleged automobile homicide on the Burr Trail in Garfield County has been upheld by the Utah Court of Appeals. But the court refused to rule on another motion involving a blood test, sending that issue back to the district court.
The appeals court ruled that Judge Don V. Tibbs was correct in refusing to suppress evidence of controlled substances and drug paraphernalia obtained in the search of a vehicle driven by Michael Allen Sterger, 30, Cypress, Calif. He was charged with automobile homicide in the death of Michelle Eckroth, 26, Huntington Beach, Calif., who was fatally injured when she was thrown from the vehicle as it went out of control.On the second motion, Sterger's attorney appealed Tibbs' decision in refusing to suppress evidence relative to blood test results. But the appeals court refused to act and sent the issue back to the district court for an examination of voluntariness.
Sterger's trial date of Feb. 8 has been continued pending rulings on the motions to suppress evidence.