PROVO — Jeffery Boyd Ackerman had "toxic" levels of methamphetamine in his bloodstream when he was shot to death by his nephew Colton Louder in Pleasant Grove on Feb. 27.
Dr. Todd Grey, the chief medical examiner for Utah, testified in a preliminary hearing in 4th District Court Monday that Ackerman's blood had 4 micrograms per milliliter of methamphetamine.
"That's a pretty high level," Grey said. "It could be quite toxic in and of itself."
But it was being shot six times, not drugs, that claimed the 45-year-old Ackerman's life.
"Given that the victim had so many gunshot wounds, I don't think (methamphetamine) was a cause," Grey said.
Louder, 25, was bound over for a trial by Judge Fred D. Howard following the hearing. He is scheduled to be arraigned on charges of first-degree felony murder on Oct. 6 at 2 p.m.
Police say Louder, of Lehi, was visiting his grandparents' house in Pleasant Grove on Feb. 27 and was talking with Ackerman in the garage. For unknown reasons, Louder started running away from the garage, with Ackerman in pursuit.
During the chase, Louder pulled out a Springfield XD .45-caliber handgun and shot at Ackerman, who was pronounced dead at the scene of the shooting, police said. Louder ran and was arrested about an hour later several blocks away. The gun was recovered in the parking lot of a medical clinic near the shooting.
While much of Monday's hearing focused on the shooting and Louder's subsequent arrest, it was Grey's testimony that Louder's defense team hopes will lend credence to their contention that Louder fired the gun in self defense.
"We are very pleased with the outcome of the hearing," said attorney Lisa Crawford. "What I did learn was the level of drugs. I didn't realize just how high (Ackerman) was."
Grey said the effects of meth use include paranoia, aggression and delusional thinking, although every person reacts differently to the drugs.
"How Mr. Ackerman was behaving, I do not know," he said. "The only thing I can say is that his intoxication was fairly acute fairly close to his time of death."
Blood toxicology tests also show Ackerman had used marijuana fairly recently before he was shot, and traces of cocaine use, although no cocaine, were found in his blood and urine.
Crawford said the results showing Ackerman's drug use may help attorneys arrive at a plea agreement.
"We are still in discussion with the state about a possible resolution in this case," she said. "I think the information that came out today will push that along."
Prosecutor David S. Sturgill also said the state had not ruled out a plea bargain.
"We proceeded with the preliminary hearing because we felt like we wanted to keep this case moving along," he said.
The prosecution produced one eyewitness to the shooting, Carol Litchfield of Pleasant Grove, who said she saw two pairs of legs run past her family room window. When she looked out the window she saw a man in an orange shirt being chased by another man.
"The guy that was being chased stopped and turned around. Then the guy that was being chased rose his arm up towards the man who was chasing him," she said. "Then I heard what I thought was three or four shots."
American Fork police officer Brian Morgan said he saw Louder, who in a baseball cap, orange shirt and blue jeans matched the description of the shooting suspect, walking along American Fork's 100 East. When he stopped to talk to him, Louder started to run.
Louder was restrained by some bystanders until Morgan caught him and put him on the ground.
Morgan said Louder "appeared to be under the influence of something, from my experience as a police officer."
Family members have said that Louder struggled with drugs, but Morgan's statement was the only evidence of that in Monday's preliminary hearing.
Sgt. Scott Painter of the Pleasant Grove Police Department testified that Louder directed police to the location of the weapon, which had been left on the hood of a car in a parking lot near American Fork Hospital and had already been discovered and reported to police by someone at the clinic.
Pleasant Grove police officer Andrew Torgerson said Louder spoke to him while he was being held in the Pleasant Grove Police Department holding cell, after his attorney had stepped away for a few moments, even though Torgerson had not spoken to Louder.
Torgerson quoted Louder as saying, "Anybody would do what I did if they were being chased and they were scared."
e-mail: mhaddock@desnews.com