A West Valley man has been convicted of murder in connection with the slaying of another man over a $40 drug debt two years ago.
A 3rd District jury found Sean Hale Holgate, 20, guilty of murder and aggravated burglary, both first-degree felonies, in connection with the July 17, 1997, fatal shooting of Jake Gallegos, 18. The four-woman, four-man jury reached its decision after deliberating for about five hours Friday following a two-day trial.Judge William Bohling could order Holgate to spend the rest of his life in prison. A hearing is scheduled for March.
"I'm never really surprised with the verdicts, but I thought we had a good shot in this case," defense attorney John O'Connell Jr. said. "(Holgate) was good on the stand, and he was not the shooter."
Even if Holgate did not pull the trigger, prosecutors say he led friend Micah T. Phillips, armed with a .25mm gun, to Gallegos' door. Phillips, 22, is also charged with murder and aggravated burglary, but he is expected to enter a guilty plea, said Salt Lake County Deputy District Attorney David Walsh.
Prosecutors gave Holgate the option to plead guilty to burglary, a second-degree felony, and aggravated assault, a third-degree felony, but Holgate refused to admit "something he didn't do," O'Connell said.
Holgate testified during the trial that he never knew Phillips had a gun when they arrived at Gallegos' door to repay a $40 drug debt.
West Valley police officer Rafael Frausto testified that two days before the shooting he had mediated a dispute between Holgate and Gallegos. Gallegos had given two of Holgate's friends $40 for drugs, but Gallegos never received the merchandise.
Angry that he had been ripped off, Gallegos began to make harassing phone calls to Holgate until Holgate's mother called police.
After talking things over, Gallegos apologized for believing Holgate was responsible for the debt and the two men shook hands, Frausto said.
Two days later, Holgate called Gallegos to ask if he and Phillips could come over to pay the debt, Holgate testified. When they arrived, Holgate stood at the door and asked for Gallegos.
Tuty Tho, a friend of Gallegos who answered the door, said Gallegos was in the kitchen and invited Holgate to enter the apartment. Holgate instead asked Gallegos to meet him at the door.
When Gallegos approached the door, Holgate stepped back and Phillips took his place, Tho testified. Gallegos appeared surprised to see Phillips.
"(Holgate) had a grin on his face when Micah stepped in front of him," Tho testified.
After a brief exchange of words, Phillips pulled out a gun.
"It took a second to click in my head, to realize what was happening," Holgate said. Almost immediately, Holgate began to run down the stairs of the second-floor apartment because he was "scared."
Meanwhile, Gallegos turned to go back to the kitchen and Phillips shot him, striking him on the left shoulder. The bullet penetrated the lung and into the heart. He was pronounced dead at the scene.
Holgate said he heard the gunshot when he reached the bottom of the stairs. Phillips followed him, and both got into a Volkswagon beetle driven by a third man.
"I was scatter-brained, and I was scared," Holgate said. He said he got into the car with the others following the shooting because he was afraid Phillips would shoot him, too.
Police stopped the car and arrested the three men a few minutes later. Holgate said he didn't know Gallegos had been shot until police told him.
But when police asked him why he believed he was being arrested, Holgate answered, "Because somebody talking (expletive) got dealt with."
Holgate says at the time he did not know Gallegos had been killed and denies that the comment was in reference to the shooting.
Prosecutors said the fact Holgate grinned at the door and later made the statement to police proves he knew Phillips' intentions and was a full participant.
"He facilitated this homicide," Walsh said.