CRIME, POLICE + COURTS

Salt Lake County DA vacates two convictions on technicalities

Aug 25, 2021, 6:00 AM

FILE PHOTO (Sim Gill announces the fatal shooting of Chad Breinholt, 31, by a West Valley police of...

FILE PHOTO (Sim Gill announces the fatal shooting of Chad Breinholt, 31, by a West Valley police officer justified.)

(Sim Gill announces the fatal shooting of Chad Breinholt, 31, by a West Valley police officer justified.)

SALT LAKE CITY — The top prosecutor in Salt Lake County filed motions to throw out a pair of decade-old convictions on technicalities this week. 

Salt Lake County District Attorney Sim Gill said a conviction review panel found the two cases, one for drugs and the other for sexual battery, were riddled with mistakes. The biggest errors were that both defendants were teenagers at the time of their convictions in district court. 

“Until one is 18, with very few exceptions, the state’s juvenile courts have exclusive original subject matter jurisdiction for the violation of Utah criminal law,” Gill explained Tuesday. 

The DA said he is uncertain how the ages of the defendants were overlooked, but their birth certificates clearly show both were 17 years old. 

Technicalities, not merits

DA Gill said the conviction review panel did not make a determination on the merits of the case. The convictions are simply being vacated due to their mishandling. 

“Due process is a fundamental right of our criminal justice system. If we violate the due process rights of the people who come through the system, then we cannot rely on the convictions that we have,” said Gill. 

Gill’s motion for overturning the drug case was done so with prejudice, meaning the conviction should be dismissed in all courts. However, the sexual battery case was vacated without prejudice. 

The DA said his office had the opportunity to refile charges in the juvenile court system but decided against it after contacting the alleged victim in the case. 

Gill said, “We have the ability to charge people, but when we don’t follow the rules and we make mistakes, then we have an ethical, legal, and moral duty to correct that as well.”

Both defendants were deported after being found guilty. 

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

Crime, Police + Courts

A West Jordan man was arrested Tuesday for investigation of negligent homicide after he allegedly t...

Pat Reavy, ksl.com

West Jordan man shot, killed best friend while trying to ‘be funny,’ police say

A West Jordan man was arrested Tuesday for investigation of negligent homicide after shooting his "best friend."

8 hours ago

FILE: The bust of 30 pounds of fentanyl in American Fork on March 21 highlights the drug problem Ut...

Heather Peterson and Curt Gresseth

DEA warns fentanyl most deadly drug in U.S. and Utah history

The DEA said Utah is on pace to see double the amount of fentanyl this year than last.

11 hours ago

A woman in SLC was a victim of a hit-and-run on March 11....

KSL NewsRadio

S.L. County DA says driver in hit-and-run crashes stalked victims

The Salt Lake County district attorney said the driver allegedly involved in a series of hit-and-run crashes intentionally targeted his female victims

21 hours ago

Teens arrested for killing Alex Franco who is shown in this photo...

Pat Reavy, KSL.com

Teens arrested in Taylorsville kidnapping-killing investigation to face charges as adults

Two teens that were arrested for the kidnapping and killing of a Taylorsville man will be charged as adults.

22 hours ago

Utah Utes players circle up before the women’s college basketball game against Weber State Univer...

Aimee Cobabe and Emma Keddington

FBI now involved in Utah Women’s Basketball racism investigation

Police in Idaho are working with the FBI to investigate an incident where racial slurs were yelled at the Utah Women's basketball team.

1 day ago

The Utah Department of Public Safety said the San Juan County crash happened around 8:30 p.m. The a...

Simone Seikaly

Driver arrested after double fatal crash in San Juan County

Two people died after a car crash on SR 163 in San Juan County on Monday.

1 day ago

Sponsored Articles

Mother and cute toddler child in a little fancy wooden cottage, reading a book, drinking tea and en...

Visit Bear Lake

How to find the best winter lodging in Bear Lake, Utah

Winter lodging in Bear Lake can be more limited than in the summer, but with some careful planning you can easily book your next winter trip.

Happy family in winter clothing at the ski resort, winter time, watching at mountains in front of t...

Visit Bear Lake

Ski more for less: Affordable ski resorts near Bear Lake, Utah

Plan your perfect ski getaway in Bear Lake this winter, with pristine slopes, affordable tickets, and breathtaking scenery.

front of the Butch Cassidy museum with a man in a cowboy hat standing in the doorway...

Bear Lake Convention and Visitors Bureau

Looking Back: The History of Bear Lake

The history of Bear Lake is full of fascinating stories. At over 250,000 years old, the lake has seen generations of people visit its shores.

silhouette of a family looking over a lake with a bird in the top corner flying...

Bear Lake Convention and Visitors Bureau

8 Fun Activities To Do in Bear Lake Without Getting in the Water

Bear Lake offers plenty of activities for the whole family to enjoy without having to get in the water. Catch 8 of our favorite activities.

Wellsville Mountains in the spring with a pond in the foreground...

Wasatch Property Management

Advantages of Renting Over Owning a Home

Renting allows you to enjoy luxury amenities and low maintenance without the long-term commitment and responsibilities of owning a home.

Clouds over a red rock vista in Hurricane, Utah...

Wasatch Property Management

Why Southern Utah is a Retirement Paradise

Retirement in southern Utah offers plenty of cultural and recreational opportunities. Find out all that this region has to offer.

Salt Lake County DA vacates two convictions on technicalities