The preliminary hearing for a man accused of shooting his uncle to death in Pleasant Grove has been indefinitely postponed while attorneys discuss a resolution.
Colton Louder, 25, is charged with first-degree murder and is currently being held on a $1 million cash bond. Police say he shot Jeffery Ackerman, 45, after a confrontation in Ackerman's garage in Pleasant Grove on Feb. 27. Ackerman died at the scene, and Louder was arrested after a long pursuit through Pleasant Grove and American Fork.
Public defender Lisa Crawford said Tuesday that defense attorneys have offered a plea deal to prosecutors and are currently waiting for a decision. Crawford said the deal was rejected by prosecutors when it was initially proposed, but she is confident a resolution is close. She asked judge Fred Howard for more time to work through the offer, after which the case will be resolved or a preliminary hearing will be set.
"We're asking for two weeks," she told the judge.
Crawford said she could not disclose the details of the offer, but she has run it by Louder and his mother. Louder is not used to the criminal justice system and has relied on his attorneys to help him understand what is best, she said. Although his mother wants a good deal for Louder, Crawford said her client knows his options in such a case.
"He's very realistic," she said. "He understands the situation that he's in."
Prosecutor Jared Perkins said it is unusual for defense attorneys to be the ones offering a plea deal. In his discussions with prosecutor David Sturgill, Perkins said they initially did not want to consider the offer. However, they are now considering it much more seriously.
"We're considering it," he said. "We're going to run it by the staff meeting on Friday."
As prosecutors continued to review the offer, Perkins said it may be a good resolution to the case. However, he said prosecutors are still not ready to make an official offer to Louder.
"Frankly, [Sturgill] and I are both torn," Perkins said.
The case has run quickly so far, with an offer on the table after only four months. Perkins said the speed of the case may have to do with the strength of evidence. Depending on the strength of evidence, hearings and motions can drag on for years in murder cases, he said.
"There's not a lot of time spent wrangling over whether we could prove the case," Perkins said.
There are several aspects to consider when mulling a plea deal, such as the facts and law involved and what defenses can be used, Perkins said. Prosecutors must also consider what might happen if the case went before a jury and how the demographics of the jury would affect the outcome. In situations where the defendant's family is also the victim's family, the decision can be much more complicated based on the family's concerns. However, Perkins said prosecutors must take all aspects into account in presenting a plea deal.
"We are looking at what is fair and just, both for the victim and also for the defendant," he said.
Posted in Local, Pleasant-grove on Wednesday, July 8, 2009 12:10 am Updated: 3:51 pm. | Tags: Pleasant Grove, Colton Louder
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