LOGAN — A judge has refused to set bail and set a trial date for Jayzon Decker, the alleged co-conspirator in the shooting of Deserae Turner. The judge’s ruling came a day after another judge also refused to allow Colter Peterson to be released on bail.
Decker appeared in 1st District Court Wednesday afternoon for the bail hearing. His attorney, Shannon Demler, argued the 16-year-old boy is guaranteed the right to have bail set under the Utah and United States Constitutions. He said the defendant never had a gun and never contacted the victim. He also noted that Decker had been a model inmate at the Juvenile Detention Center since being arrested.
Cache County Attorney James Swink disagreed, noting that Juvenile Court Judge, Angela Fonnesbeck had previously ruled that Decker was a danger to the community and should be held without bail. He read from her ruling that even though the defendant didn’t have the gun or pull the trigger, he was the one who first suggested that he and Peterson kill Turner. The ruling also noted that the defendant wasn’t any less culpable than the shooter.
Judge Brian Cannell cited Judge Fonnesbeck’s ruling that there was clear and convincing evidence that Decker would be a danger to the community if released. He ordered the defendant to remain in detention and set a jury trial for January 8. The trial is expected to last eight-days.
Authorities said Decker and Peterson concocted a plan to kill Turner while playing video games and discussing their desire to “get rid” of her. She was found with a gunshot wound to the head, early in the morning of February 17. She had reportedly been left to die in a dry canal east of Sky View High School. Both 16-year-old’s are charged with attempted aggravated murder, attempted burglary and four charges of obstructing justice.
During Wednesday’s hearing, Demler told the court he expects to file a motion requesting that the trial be moved to another county. He said the motion would be filed shortly.
On Tuesday, Judge Kevin Allen refused to set bail for Peterson. He also scheduled his trial to begin November 1.
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