PROVO — A Riverton man charged with capital murder entered a not-guilty plea on Tuesday to charges he shot and killed a couple last June during a drug deal gone awry.

Seth Rollins Broomhead, 20, stood quietly at the side of his attorney in a 4th District courtroom, speaking only to waive his right to hear Judge Steven Hansen read the charges. And then he entered his not-guilty pleas to two counts of capital murder and one second-degree felony count of theft by receiving stolen property.

Hansen did not set a trial date but scheduled a review hearing for Aug. 10 at which attorneys will discuss yet-to-be decided motions in the case.

Utah County Deputy Attorney Tim Taylor asked that motions and the appropriate responses be filed first. "Then would be an appropriate time to set a trial date," he said.

Richard Gale, a public defender who was appointed by the court to represent Broomhead, said the defense motion would concern Broomhead's alleged confession to police after his arrest.

Prosecutors presented evidence at a preliminary hearing on April 13 and 14 that Broomhead confessed to the execution-style slaying of Pablo Montoya, 20, and Maritza Aguilar, 22, during an Oct. 15 interview at the Davis County Jail.

"Before we advise him what he should do concerning the charges, we need to know what evidence is admissable at trial," Gale said.

Salt Lake County Sheriff's Sgt. Rosie Rivera testified that Broomhead initially said his roommate, Jeremy Gerton, 21, was in the back seat of the couple's car with him and that Gerton was the shooter. She said Broomhead then changed his story, began to sob and said he was alone in the back of the car.

Orem detective Wade Raab said when Broomhead was asked why he shot Aguilar, whom Gerton described as a friend of Broomhead's, Broomhead cried and said, "I don't know."

Also during the preliminary hearing, defense attorney Tom Means called two officers present at the alleged confession to explore information about tape recordings of the interview. Rivera said her tape ran out before Broomhead's story changed. Another tape recorder malfunctioned.

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Means asked the officers if Broomhead had asked for an attorney. Rivera, FBI agent Juan Becerra and Orem Police Sgt. Barry Nielsen each testified that Broomhead said his attorney had told him not to talk to police.

But each also said Broomhead agreed to speak after they assured him the interview was about the Orem shooting and not federal robbery cases for which he was being held in Davis County.

Hansen gave the defense 30 days from Tuesday to file any motions, and the state 15 days to respond. The defense will have another 10 days for any final responses.


E-mail: shelps@desnews.com

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