Prosecutors couldn't find a key witness Wednesday and had to dismiss murder charges against two men accused of shooting a Mexican national near Capitol Hill.
Glen B. Jackman and Jim P. Delli, both 18, were expected to walk out of jail soon after the dismissal. Their bail had been set at $250,000 each.The pair was charged with murder, a first-degree felony, in the killing of Manuel Rodriguez-Portillo in front of a house at 458 N. 300 West on Dec. 20, 1995. Police said Portillo was a known drug dealer and had been deported to Mexico in 1990.
The witness, Rafael Quiroz, was expected to testify that Delli and Jackman confronted him and Portillo just after midnight and demanded their money. Seconds later, five shots were fired. Quiroz and Portillo ran with Jackman and Delli close behind.
Portillo fell down while Quiroz continued to run. He looked back to see Jackman throw the gun against a building, according to 3rd Circuit Court charges.
Jackman, a gang member, has been in trouble before.
At age 16, he was convicted of shooting a stranger at the Utah State Fair on Sept. 12, 1993. Third District Juvenile Judge Andrew Valdez sentenced Jackman to complete a rehabilitation program at an Orem group home rather than to lockup at Decker Lake Youth Center.
"Youth Corrections believes this person is still salvageable, and I tend to agree," Valdez said at the time.
The victim in the state fair attack, Gilbert Arrendondo, suffered a gunshot wound to his back. He has recovered. Prosecutors at the time argued that Jackman was immature, very vulnerable to peer influence and was involved in "one of the most volatile gangs" in the county.
After learning of the dismissal Wednesday, members of the Capitol Hill Mobile Neighborhood Watch said they'll keep their eyes on Jackman's activity in the area.
"I'm disappointed about the dismissal, but I understand it if they can't find a witness. We'll certainly be on the lookout," said Robin Webb, a resident and former coordinator of the program.
Salt Lake Deputy District Attorney Robert Stott said he simply wasn't comfortable presenting the case to a judge or jury without Quiroz's testimony.
"He is an eyewitness, the only other one besides the two defendants. His word is important," Stott said.
He said Quiroz may have returned to Mexico and could not be served with a subpoena to appear in court. Stott wasn't sure whether the man was intentionally avoiding his duty to testify.
"The hardest part about a murder case is witness control. Making them understand how essential they are is difficult," he said.