Jana Lin Kodel's attorney is hoping for a plea bargain for his client, who has been charged with automobile homicide in the July 19 hit-and-run death of 9-year-old Kayla Agar.
Defense attorney David Shapiro on Tuesday asked 3rd District Judge Stephen Henriod to reduce Kodel's $75,000 bail, but the judge refused. Kodel remains in jail.Kodel's roll call date in court was continued until Aug. 25 at 2 p.m. before 3rd District Judge A. Lee Dever.
"I'm hopeful there is a resolution short of a trial in these charges," Shapiro said outside the courtroom. "If there's a plea bargain that's acceptable and my client is prepared to accept that, I'll accept a plea bargain."
Shapiro said it's up to both sides to discuss any possibility of a plea bargain, and he assumed that prosecutors would consult Kayla Agar's family and take their wishes into consideration before making a decision.
"It's a terrible situation, and I'm sure nobody feels worse about it than she (Kodel) does," Shapiro said. "She has a young child."
However, Marilyn Agar, mother of Kayla Agar, was tearful and upset.
"My baby's gone and she (Kodel) is still here," Marilyn Agar said. "She chose to get in that car; she chose to drink. By drinking and driving, it was like loading a gun."
Police reports said a witness who recognized Kodel, 23, saw her driving fast near 1394 W. Crystal Ave. in West Valley City when her car veered off onto the shoulder of the road. Kodel allegedly hit three children who were walking west and kept going west while the witness shouted at her to stop, the reports said.
However, Kodel kept going, running stop signs at Lester Avenue and then Redwood Road, the reports said.
The reports said the other two children, ages 14 and 9, were injured while Kayla Agar died from traumatic brain injury.
Besides being charged with automobile homicide, a second-degree felony, Kodel is charged with three counts of failing to stop at the scene of an injury accident, class A misdemeanors; one count of driving on a suspended license, a class C misdemeanor; and one count of driving without insurance, a class B misdemeanor.