GUNNISON — After serving five years in prison, Beau Heaps says he's dropped the tough guy image, done a lot of growing up and has taken responsibility for his part in the slaying of an Orem man in 1997.
But during a parole hearing Tuesday, a board of pardons official sent Heaps back to serve four more years of his life sentence, citing a poor inmate record for a four-year period.
Heaps was 17 when a jury convicted him of orchestrating the murder of 38-year-old John Freitag, the father of a girl Heaps was dating. He was sentenced to serve five years to life in prison.
Police alleged Heaps made death threats against Freitag on several occasions before the murder. Heaps said he was furious at Freitag because he was preparing to turn Heaps in to police for selling marijuana.
On Aug. 25, 1997, police say Freitag got into a fight over the phone with Heaps and his friends. After the verbal brawl, the group decided to go to Freitag's home and assault him. Police allege Heaps whipped his friends into a frenzy about his differences with Freitag.
"I was trying to show people I was a tough guy," Heaps said Tuesday. "It wasn't our intention to kill him, it was our intention to go over and assault him."
Police say Freitag was shot through the storm door of his apartment by 19-year-old Leikina Lavulavu. Lavulavu is also serving a life sentence for the murder and has a parole hearing in August 2004. If paroled, said prison spokesman Jack Ford, Lavulavu, who had arrived in the U.S. from Tonga days before the murder, will be released to the custody of the U.S. Immigration and Naturalization Service for deportation proceedings.
Despite Lavulavu being the trigger man, police say Heaps was the only one of the group who actually knew Freitag.
Although Heaps maintained that he had nothing to do with the murder, a jury found there was enough evidence to find he orchestrated the situation.
Sometimes through tears, Heaps said that over the past year and a half he has been a model prisoner. "I want freedom, I want to live my life," he said.
"You have a significant debt to pay," said board of pardons official Dick Sullivan, who reminded Heaps that murder comes with a heavy price. "You are very young and you will likely get out of prison one day."
Sullivan pointed out that while in prison, Heaps had been convicted of misdemeanor assault and damage to a jail. Heaps had been written up for various problems for four years.
Heaps said he wanted to prove himself as a productive citizen by becoming a firefighter, pointing out that he also has a supportive family and a wife waiting for him outside.
"I'll be honest with you, one year of good behavior is just the beginning of your journey," Sullivan said.
Heaps' family members attended the hearing Tuesday. No members of Freitag family were present.
Heaps' sister, Carrie Gandolph, said the family maintains that Heaps is guilty of making bad life choices but is innocent of the murder he was convicted of. "I think Beau has paid his price and I think it's time to move on," Gandolph said outside the hearing room.
Heaps had challenged the jury's verdict after one juror said she was not sure when the jury was polled for a unanimous verdict. In January 2000, the Utah Supreme Court upheld Heaps' conviction, saying there was sufficient evidence to convict Heaps.
Sullivan said this case was the ultimate example of a teen making a foolish, and fatal, decision and having to pay a great price for it.
E-mail: gfattah@desnews.com