A judge says a murder charge against a man accused of passing his gun to a 16-year-old who shot and killed a man outside a Salt Lake nightclub will stand, even though the murder charge against the shooter was dismissed.
SALT LAKE CITY — Months ago, a judge dismissed a murder charge against a 16-year-old who shot and killedBut 3rd District Judge Barry Lawrence ruled Thursday that his previous ruling doesn't necessarily mean the murder charge filed against a man accused of passing the teenager the gun should be dismissed. He said the charge of murder, a first-degree felony, against Jaime Dirzo-Portugal, 24, will stand.
Lawrence said there is a "narrow window" for prosecutors to prove Dirzo-Portugal is guilty of murder when the person who fired the shot is not, and said there is a "fairly slim change the state is going to prevail." However, the judge said he will keep an open mind.while crossing the street outside a Salt Lake night club about 1:30 a.m. Witnesses previously testified that the bump was intentional, but it was unclear who initiated it.
He argued that a dead body, and the possibility of bringing justice to the victim's family, justifies the judge allowing the charge to stand. "If was not truly imperiled … since he started the chain … perhaps the result should be different," he said.
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