An administrative lapse forced a judge to release two Morgan County brothers accused of terrorizing an elderly neighbor and extorting money from him over a three-month period.
Randy Pelton, 20, and Cody Pelton, 18, were ordered released from the Davis County Jail last week after Morgan County officials failed to provide the necessary information to arraign them on multiple felony counts Oct. 20.According to state law, a defendant has the right to be arraigned within two working days of being arrested. Both brothers had been jailed Oct. 17.
With no information on formal criminal charges or even specifics on the case, prosecutors had no probable cause to hold the two in jail. Second District Judge Michael Allphin had to release the two on their own recognizance until their next court date in Morgan County on Nov. 18.
Morgan Sheriff's Detective Darwin Little said there was communication between his office and the Davis County sheriff's office, but he admits sufficient notice wasn't given to prosecutors or the court.
"I don't think that we have followed through with the necessary steps with the judges and with the court," Little said. "The judicial side of our contract apparently hasn't been resolved."
Morgan officials typically have relied on Weber County to house their prisoners due to lack of a holding facility. But overcrowding at the Weber County Jail prompted Morgan County to contract last month with the Davis County sheriff's office to house some Morgan inmates at a rate of $35 a night.
Little said the two brothers are accused of intimidating a 77-year-old man who lived next door into writing them checks over the summer.
The two did not physically harm the man but would stay on his doorstep until he gave them a check, Little said.
Detectives have not come up with an exact dollar amount, but they know the man wrote out 46 checks in amounts ranging from $10 to $100.
Randy Pelton is charged with third-degree felony counts of forgery, elderly abuse, conspiracy, witness tampering and one class B misdemeanor count of resisting arrest.
Cody Pelton is charged with one second-degree felony count of robbery and third-degree felony counts of elderly abuse and conspiracy.
Little said the two men, who are unemployed, were using the money to buy food, cigarettes and sodas. Allphin ordered both brothers not to have any contact with the victim until their next court date in November.
Shortly after Cody Pelton was arrested, Little said, Randy Pelton was seen by deputies at the window of the victim's home, telling him to drop the charges.