The first Salt Lake County teenager to be bound over to adult court under a new law is looking to return to the juvenile system.
Victor Montoya, 17, Kearns, was arraigned in 3rd District Court Monday. His attorney was given until Sept. 1 to file objections to court procedures, including Montoya's move to the adult system. Prosecutors will have another week or so to respond to the objections."Unfortunately, he's the prime candidate to be made an example of," said Montoya's attorney, Don Bybee.
Montoya was charged last month with shooting from a vehicle into a carload of teens, a felony. A bullet lodged in the rear door on the driver's side, but no one was injured in the incident.
Under the new serious youth offender law, youths 16 and older can be processed through the adult courts system when the offense is one of "10 deadly sins." The law is part of a statewide attempt to fend off a tidal wave of youth violence.
Discharging a weapon from a vehicle is one of the 10 offenses for which a juvenile may be bound over to adult court.
Bybee said he will protest the move to the adult system.
Bybee believes the juvenile court that allowed Montoya to enter the adult system was not acting within its proper jurisdiction.