A Draper man was ordered Friday to stand trial on a murder charge of allegedly shooting a friend during a New Year's Eve party last month.
Khambay Tanpirak, 22, was bound over to district court in the death of Jesse Atwood, 20. Atwood was shot seven times in front of his White City home at 1064 E. Larkspur Drive (10425 South).Tanpirak will remain in the Salt Lake County Jail, but 3rd Circuit Judge Robin Reese said he would decide next week whether to reduce the $150,000 bail to a level that might allow his release.
Witnesses testified Friday that Tanpirak and Atwood got into two fights during the New Year's Eve party. The dispute started when the two began arguing over who was the toughest and the argument led to a fistfight, said Salt Lake County deputy attorney Ruth McCloskey.
Tanpirak left the party following the second fight and returned about 15 minutes later. Witnesses said he asked someone in a "slightly angry but calm voice" to "go get Jesse." When Atwood came out of the house into the front yard, the two began yelling at each other again.
Tanpirak, who was standing near his car, pulled out a rifle and said, "I'm going to shoot you" to Atwood, who was about 20 feet away, court documents state. Tanpirak then emptied the gun, shooting the victim seven times, according to testimony.
But defense attorney Lynn Brown argued that the shooting was in self-defense. At one point during the first fight, Atwood was seen with a kitchen knife. The knife was found near Atwood's body after the shooting, but what role it played in the disputes is unclear, McCloskey said.
Brown also argued that Atwood was the aggressor and approached his client, who was waiting outside.
But the judge rejected the self-defense theory, citing testimony from witnesses who said Tanpirak fired several shots after Atwood twirled around and backed away. At least two of the shots were fired after the victim had fallen to the ground.
Reese also rejected the defense that Tanpirak's previous fights with Atwood caused him to act under "extreme emotional distress for which there is an explanation" - a legal term justifying a defendant's actions. Reese said a jury should decide that issue.
Tanpirak, a refugee from Laos, came to Utah with his family under the sponsorship of Gloria Boltis, of Sandy, 11 years ago. Boltis described Tanpirak as dependable and honest and said she believed Tanpirak would not flee if he was released on bail. She also said she has spoken to him since the shooting.
"He's sorry for what he's done and he wants to make amends," she testified.
McCloskey argued for at least $50,000 bail, saying she was fearful it would be a "real temptation" for Tanpirak to leave if he was released from jail.