A man convicted of murdering a rival gang member over a half ounce of marijuana has been ordered to spend at least nine years in prison.
Third District Judge Dennis Frederick sentenced Jason Randy Biggs, 23, to spend five years to life at the Utah State Prison for the Jan. 2, 1996, fatal shooting of Kenny Leiter, 18. The judge also added a consecutive four-year gang enhancement and a consecutive zero-to-5-year gun enhancement to the sentence.During a March 19 hearing, Frederick ordered the sentence enhancements despite a Utah Supreme Court decision several days earlier that ruled juries, not judges, must decide if an alleged gang crime merits extra prison time.
An eight-member jury convicted Biggs of murder, a first-degree felony, at the conclusion of a two-day trial in January.
Witnesses during the trial testified the shooting resulted when Biggs, Jody Allen Carroll, 21, and Trevor Symes, 18, plotted to beat Leiter, believing he had stolen about a half ounce of marijuana from one of their friends at a New Year's Eve party. Leiter belonged to a rival gang but had not been at the party.
Carroll testified that he, Biggs and Symes were beating Leiter with a tire iron when Leiter pulled out a knife. Carroll said he was walking away from the fight when Biggs stepped up with a gun.
After a brief verbal exchange between Biggs and Leiter, Carroll said he heard the gun click five times before firing a round.
Prosecutors allowed Carroll, also charged with murder, to plead guilty to homicide by assault, a third-degree felony, in exchange for his testimony. His sentencing is set for April 2.