Even though Asi Mohi was only 17, prosecutors charged him as an adult with murder.
His attorney says prosecutors have too much power to make such decisions with juveniles and has launched a fight he vows to take to the Utah Supreme Court.Defense attorney Ron Yengich argued Wednesday that there is "disparity of treatment" in the way the Salt Lake County attorney's office prosecutes "similarly situated" juveniles. One 17-year-old may be referred to juvenile court, another may have a hearing to decide what should be done with his case while another teen accused of the same crime may be charged as an adult, he said.
Mohi, charged with the gang-related murder of another teen, should have the right to have a judge determine which system should handle his case instead of the prosecution, Yengich said.
But prosecutor Robert Stott said the state's "direct filing statute" has already been declared constitutional by the Utah Supreme Court. He said the statute is "one of the most effective mechanisms we have in this state to prosecute juveniles."
If the crime is a first-degree felony, prosecutors may file charges in the adult system if the youth is at least 16. The nature of the crime and the defendant's criminal record is taken into account when deciding where to file the charge, Stott explained.
Prosecutors have discretion in deciding whom they will charge with a crime and whom they will not, he said. Each juvenile charged as an adult also has a "safety valve" and can request a hearing before a juvenile court judge to determine if the case should be sent to the juvenile system. That hearing must be requested within 10 days after the charges are filed.
"The defendant chose not to take advantage of that particular opportunity," Stott said.
But Yengich said his client didn't ask for a hearing because that portion of the statute is also unconstitutional.
Yengich cited a previous case addressing the issue and said at least two Supreme Court justices in the minority opinion of the ruling "invited the challenge" of the direct filing statute.
Third District Judge Glenn Iwasaki took the issue under advisement. Meanwhile, no trial date will likely be set for Mohi until this issue is resolved. Regardless of Iwasaki's decision, the matter will likely be sent to an appellate court before his case goes to trial.
Mohi, a former West High football captain, is charged with murder in the Sept. 1 shooting death of Aaron Chapman following a concert at the Triad Amphitheater. Witnesses said they believe he was shot because he was wearing a rival gang color.