Almost three years after he allegedly shot Arthur Sanchez, the capital murder case against Christopher Ryan Tolton is finally advancing to trial.
Sanchez, 21, was slain, and 15-year-old Carlos Chavez was shot in the head at Fairmont Park on May 24, 1997.Third District Judge Lee Dever Thursday denied a defense counsel motion to merge charges of attempted capital murder and capital murder against the 24-year-old Tolton, then advanced Tolton's case to trial.
After Dever's ruling, Tolton pleaded not guilty to capital murder as well as attempted capital murder and aggravated kidnapping, both first-degree felonies.
Dever agreed with prosecutor Cy Castle's argument that the defense's motion to merge the two charges was "premature."
"That's a decision that needs to be made after this case is over," Castle said Thursday.
Tolton's case has been delayed for almost three years as lawyers argued several motions in both his case and the case of Tolton's convicted co-conspirator, Davey Joe Williams.
Williams, 22, pleaded guilty July 29, 1998, to second-degree felony robbery and kidnapping and was given two consecutive one-to-15-year terms in the Utah State Prison.
Williams is not expected to testify for the prosecution, Castle said.
"He's pretty defiant until the bitter end," Castle said.
Prosecutors will be asking for the death penalty in Tolton's case. Castle said he hopes Tolton's trial can begin sometime in August.
Prosecutors say Tolton and Williams planned to rob Sanchez the night of May 24, 1997. The two men told Sanchez they wanted to buy marijuana from him, then met Sanchez and Chavez near Fairmont Park.
From the backseat of Sanchez's car, Tolton shot Sanchez in the nose, then held Chavez at gunpoint while Williams looked through the trunk for drugs and money, prosecutors say. Before fleeing, Tolton allegedly shot Chavez in the back of the head.
Tolton will appear April 3 before Judge Judith Atherton for a scheduling conference. A trial date is still pending.