A Fairpark teen who has appeared before juvenile judges more than 100 times since the age of 9 pleaded guilty to four first-degree felonies before an adult-court judge Monday, admitting that he broke into two Salt Lake homes and robbed the families at gunpoint last year.
In the plea negotiation, Benjamin Eagle Dutchie, 16, also pleaded guilty to aggravated kidnapping charges for having forced the victims to drive to their banks and withdraw cash from ATMs. The boy was originally charged with nine first-degree felonies and a second-degree charge in 1995.The teen could face at least 30 years to life at the Utah State Prison if 3rd District Judge William B. Bohling passes judgment with back-to-back minimum mandatory sentences on the kidnapping counts. Under current statute, an offender can serve no less than 6, 10 or 15 years behind bars for each aggravated kidnapping charge, depending on the case.
He also faces two terms of five years to life for the two aggravated burglary pleas. All four sentences could run either consecutively or concurrently. Dutchie will be sentenced Dec. 9.
The pleas were offered conditionally, with the right to appeal a ruling Bohling made when he denied a defense motion to suppress a confession statement and letter of apology from Dutchie, defense attorney Mark Moffat said.
Moffat plans to appeal the decision. If successful, the case would essentially go back to square one.
Deputy District Attorney Charles D. Behrens Jr. said if Dutchie prevails on appeal, the state would recharge the youth with all 10 first-degree felony counts, striking the plea bargain.
The stocky youth, sporting a small ponytail on the top of his otherwise shaven head, appeared at times impatient with the judge during the pleading. At one point, he delivered an obnoxious, "Yes, he did, your honor," when Bohling asked the youth if Moffat accurately described to the court what his client was accused of doing the nights of March 9 and March 14, 1995.
Dutchie was charged with breaking into the Avenues home of Edward Hanly and the South Central City residence of Jarrell and Betty Legg. The then 15-year-old forced Hanley and Betty Legg at gunpoint to drive to their respective banks and withdraw cash.
At one point, he allegedly struck one of the victims in the head with the butt of his handgun, which turned out to be a Daisy air pistol.
Prosecutors subsequently charged Dutchie with nine counts, including aggravated kidnapping and burglary. He also was charged with sexually assaulting a 4-year-old girl in an unrelated incident.
Dutchie was certified to stand trial as an adult by 3rd District Juvenile Judge Franklyn Matheson last year. Youth Corrections officials suggested the boy stay in the juvenile system because he had not received the full benefit of its programs.
But the Leggs said they were content with the plea negotiations and hoped the boy might be rehabilitated.
"He needs to spend a lot of time in a secure facility," Jarrell Legg said after the hearing. "Unless he can be rehabilitated, someone with authority needs to keep an eye on him for a long time."
In exchange for the guilty pleas, Behrens said the state will drop the six remaining first-degree felonies and accompanying firearm sentencing enhancements.
The teenager has been held in the Salt Lake County Jail for more than 14 months.