An 18-year-old Layton man was sentenced Tuesday to two prison terms of one to 15 years for his part in the burglary of a convenience store and shotgun attack on a Utah Highway Patrol trooper last summer.
Michael K. Polete, 610 E. 20th North, was sentenced to concurrent prison terms by 2nd District Judge Rodney S. Page, who also ordered he serve at least six years of the combined terms before being eligible for parole.The judge initially added a five-year enhancement for the use of a firearm in the Aug. 8 shooting incident but had to rescind the additional sentence when he found the enhancement provision was dropped during plea negotiations between Polete and the Davis County attorney's office.
Polete and co-defendant Jared Valentine, 18, 631 E. 20th North, Layton, were originally charged with first-degree attempted homicide in the shotgun attack on UHP trooper John Mitchell.
Both Polete and Valentine pleaded to lesser charges in plea bargains. Valentine pleaded guilty to two third-degree felony charges: burglary and failure to stop at the command of a police officer. He is currently undergoing a 90-day evaluation at the state prison. He will be sentenced March 7.
Polete pleaded guilty to attempted homicide and theft, both second-degree felonies. Citing his long juvenile record - 18 burglary, theft and other charges - his Adult Probation and Parole report recommended consecutive prison terms.
Judge Page acknowledged the extensive record but also cited Polete's age and what he said is a chance for rehabilitation and ordered the sentences to run concurrently.
Polete and Valentine admitted to trying to outrun Mitchell early on Aug. 8 after he began pursuing them for a traffic violation. Polete was driving the car and Valentine was in the passenger seat.
Polete admitted to sticking a shotgun out his side window and firing several shots at Mitchell. The blasts struck the UHP cruiser's windshield, radiator, and front tire, disabling it. Mitchell suffered minor injuries from flying glass and debris but was not hit by the shots.