PROVO -- A Santaquin man who had been arrested for investigation of homicide and then released when no charges were filed is back in custody.
Darren Tuckett, 30, was booked into the Utah County Jail Nov. 15 after police found Kirk Openshaw, 39, Payson, dead at the bottom of a flight of stairs at his home in Payson.Police initially responded to the scene on report of a fall, but witnesses described a fight between Openshaw and two others. Police say alcohol may be a factor.
Fourth District Judge Steven Hansen ordered Tuckett released nine days later because the Utah County Attorney's Office had not filed charges.
Tuckett went home to his parents' house. Four hours later, he was taken into custody by Adult Probation and Parole, who alleged a probation violation in a 1995 offense. In that case, Tuckett pleaded guilty to 3rd-degree felony possession with intent to distribute a controlled substance.
At Tuckett's first court appearance on that probation violation Tuesday, his court-appointed attorney, Randy Spencer, argued that his client should be released from jail because he was not a flight risk on the earlier case.
"(Adult Probation and Parole) was apparently not happy with Judge Hansen's decision to release him," Spencer told Judge Anthony Schofield. "It was inappropriate for him to be arrested. He in no way absconded."
Prosecutor Sherry Ragan said she had no knowledge of the homicide investigation and any possible charges pending against Tuckett. This was a separate case, she said.
Schofield denied the request for release, saying that Tuckett should be held because drug tests done on him after his arrest indicated he had been using methamphetamine and marijuana, a violation of his probation.
An order-to-show-cause hearing was set for 8 a.m. on Dec. 9.
Deputy Utah County Attorney Jim Taylor said the office plans to file charges in the death of Openshaw before Monday.