A man who has awaited sentencing for four years after shooting a California tourist in the face finally knows his fate.
Mikell Sweezey, 40, has been incarcerated in the Salt Lake County Jail since shooting Steven Matthews of Newport Beach, Calif., in November 1991.The case was on hold for four years while the Utah Supreme Court questioned the legality of Utah's insanity defense law.
In April, the court narrowly upheld the law, which allows defendants charged with murder to plead insanity only if they didn't know they were killing someone.
Sweezey apologized Monday for the shooting.
"I'm ashamed of what I did. I don't know why I did it," Sweezey said. "I can't say why I did it. I just did."
Sweezey's attorney, Lisa Remal, said the court had three options in sentencing Sweezey: the Utah State Hospital, the Utah State Prison or a specified five-year probation program for the mentally ill.
Third District Judge William A. Thorne said the danger to society had receded because Sweezey is on medication. He sentenced Sweezey to zero to five years in the Utah State Prison for third-degree felony assault but gave him credit for the four years he has already served. A three-year firearm enhancement was also added to the sentence.
Thorne ordered Sweezey released to the Orange Street Halfway House when a bed becomes available.
Sweezey pleaded guilty but mentally ill in October.
Prosecutor Howard Lemcke said prison time was appropriate because of the nature of the crime.
Sweezey was a transient and not taking medication for his mental illness in 1991 when someone trashed his hut near the Capitol. He shot Matthews in front of the downtown Marriott Hotel at close range. Matthew's 6-year-old son witnessed the shooting. The men did not know each other.
Thorne set restitution at $30,000, acknowledging that Sweezey had no way to pay the sum. But, if Sweezey somehow comes into money, "the victim ought to be compensated," Thorne said.