PROVO Dressed in a red and white jail-issue shirt and wearing a hint of boyish grin, 16-year-old Jerry Gale stood before a judge Tuesday morning on a charge of attempted murder.
Bound over from juvenile court in November, Gale now faces as an adult five second-degree felonies and one third-degree felony, including burglary of a dwelling, theft and attempted murder for allegedly assaulting a school counselor with a gun on Sept. 1 in Provo.
Attorney Keith Eddington appeared with Gale in 4th District Court and asked Judge Steven Hansen to release his client on his own recognizance and have him placed on the jail's GPS ankle-monitoring system.
"Mr. Gale is not a threat to the community," Eddington said. I have known this young man for a number of years. He was given some medication that should not have been given to him."
Eddington said the medication, which is not for juveniles, caused Gale's acting out that night.
"I don't want to get into facts, but this is not typical behavior for this young man," Eddington said.
Hansen kept the bail at $10,000 cash only but made the GPS monitoring a condition if Gale bails out. His next hearing is Jan. 22.
On Sept. 1, Gale and another student allegedly ran away from Heritage School in Provo, a sub-acute psychiatric treatment facility for adolescents.
The two boys led the school's runaway team on a chase to Fat Cats, a restaurant and bowling alley at 1200 N. University Ave. in Provo. The boys then ran to a nearby apartment complex and hid in a downstairs laundry room.
Provo police say a school official followed them, saw them hiding under a table and confronted them.
At that point, Gale pulled a gun out and pointed it at the officer, said Provo police officer Scott Nielsen.
The victim doesn't remember what happened, Provo police say, but he was struck several times in the head with the gun.
When Nielsen arrived just minutes later, the teens had already run off but left the gun and ammunition behind.
The boys were arrested the next day along the Provo River Trail.
Gale was first taken to juvenile court. However, because of the severity of the charge, 4th District Juvenile Court Judge Kay Lindsay had no choice but to bind him over to 4th District Court as an adult, Eddington said.
The 4th District Court has only had five juveniles bound over to stand trial as adults in the past five years, according to the Administrative Office of the Courts.
Gale has been in the Utah County Jail since Sept. 1 on $10,000 cash-only bail. However, Gale's mother, who attended the hearing, planned to post that amount, Eddington said.
"If the mother seems prepared to bail him out ... if there is a release, we (would ask) that there be GPS monitoring," said prosecutor Curtis Larson, who also asked that the judge issue several no-contact orders.
Eddington said the mother had also requested the GPS monitoring, and they had no concerns about compliance with the no-contact orders.Hansen agreed to sign the no-contact orders for the three individuals as well as impose ano-contact order for anyone at Heritage School.