The man accused of shooting a Provo police officer in July pleaded not guilty Friday in 4th District Court to two counts of attempted murder and one count of aggravated assault.
Kevin D. Ericksen, 22, Provo, will stand trial Oct. 23 and 24 on the two first-degree felony charges and one third-degree felony charge for allegedly shooting at Provo police officer Phil Webber and deputy sheriff Mike Morgan on July 6. Because the shooting involved police officers, Ericksen faces possible sentences of five years to life in prison if found guilty.According to testimony given at Ericksen's preliminary hearing, Ericksen and Danny Herring assaulted Troy Lott after a friendly water fight turned violent. Lott testified that the three had been drinking heavily all day.
Morgan testified he was returning from an unfounded stolen-car call at the Provo Boat Harbor when he came upon the fight in the lane leading to Ericksen's home, 2500 W. Boat Harbor Blvd. He had just left Webber and called him in for backup. Morgan testified that when he stopped, Ericksen ran back to the house.
Webber testified that shortly after arriving on the scene, he noticed Ericksen walking toward the officers with a rifle. He said he warned Ericksen repeatedly to drop the gun, but Ericksen kept approaching and then fired at the officers. Webber returned fire with his 9mm pistol and Morgan returned fire with a shotgun. After firing three shots, Webber said Ericksen was struck and fell backward.
Webber said he was reloading his pistol when Ericksen sat up and fired another shot, striking him in the finger and neck. Morgan then returned fire with an automatic rifle, striking Ericksen again.
Ericksen suffered wounds to his chest, abdomen, arm and leg. He was hospitalized for more than a month with injuries to his leg. Morgan was uninjured.
Sheriff's detective Scott Carter testified that he interviewed Ericksen at the hospital the day after the shooting and Ericksen said he fired two shots into the air and only shot at the officers after they returned fire.
Ericksen's attorney, Gary Weight, filed a motion to suppress the statements Ericksen made to Carter. A hearing will be held Sept. 9 to determine if those statements should be kept out of the trial.
Ericksen remains in the Utah County Jail on $100,000 bail. He is still walking with crutches and likely will require more surgery to repair damage to his knee.
Webber is currently undergoing therapy to restore the use of his finger and right arm. Two bullet fragments remain lodged in his neck. He hopes to return to work soon.