The man who admitted he sold a gun used in the Trolley Square shooting claims he didn't know that Sulejman Talovic was going to use it to go on a rampage that left five patrons dead and four others wounded, but an attorney for the family of one victim said proof exists that Mackenzie Hunter was told that the gun was going to be used for a violent crime.
"He knew this wasn't some innocent transaction," said former federal judge and University of Utah law professor Paul Cassell, who has become an advocate for victims' rights.
The parents of Trolley Square victim Vanessa Quinn had sought to speak as victims at Monday's sentencing for Hunter, but in a last-minute ruling Friday, the 10th Circuit Court of Appeals said parents Sue and Ken Antrobus were not considered direct victims of Hunter's crime and could not speak.
During Monday's hearing, Hunter expressed regret for his actions. As a large group of friends and family looked on in court, Hunter said he felt bad for being involved in something so horrible, adding he's ready to "pay the consequences."
Assistant U.S. Attorney John Huber said the gun used in the Trolley Square shooting came from an individual in Rock Springs who stole the gun from his father and traded it for a bag of cocaine. Huber said in interviews that Hunter confirmed that the gun was obtained for drugs and that he later sold the gun, a .38 special, to Talovic for $800.
After the shooting, Hunter and two other men were indicted on charges they sold a gun to a minor. A fourth man, gun dealer Westley Wayne Hill, was given one year probation for selling Talovic a shotgun, which was also used in the massacre.
U.S. District Judge Dale Kimball sentenced Hunter to serve 15 months in federal prison with 36 months supervised release after.
Hunter's attorney, David Finlayson, said his client had no idea what Talovic intended to do with the gun.
However, in a concurring opinion, 10th Circuit Judge Tim Tymkovich wrote there was evidence that Hunter was told by Talovic that he planned to use the gun in an armed robbery.
Cassell said that is evidence to show that Hunter knew a violent crime was going to come of the transaction, which warranted a harsher sentence of 99 months.
"This was a man who sold the murder weapons that killed their daughter," Cassell said of his clients.
Family members of Hunter brushed past reporters and cameras after the hearing without commenting.
In and out of court, federal prosecutors dodged questions about the alleged bank robbery comment. Assistant U.S. Attorney Barbara Bearnsen said there was casual talk of a crime between Hunter and Talovic but said Hunter told them he did not take it seriously.
Cassell said he plans to appeal the 10th Circuit's decision and take it to the U.S. Supreme Court if need be.
Kimball indicated that if the Antrobuses prevail, they would be entitled to have Hunter's sentence done over again.
Cassell said Kimball needs to hear from his clients because judges sometimes don't know the scope of impact a crime has until they hear from victims.
E-mail: gfattah@desnews.com