SALT LAKE CITY — A judge on Thursday ordered two men to stand trial for murder in the shooting death of a popular Lee Mart convenience store clerk in Murray earlier this year.
Following a two-day preliminary hearing, 3rd District Judge Ann Boyden found there was enough probable cause for Juan Andres Zalazar, 24, and Alexis Alan Garcia, 20, to each stand trial on charges of murder and aggravated robbery.
The two are accused of walking into Lee Mart, 5905 S. 700 West, in March, wearing bandanas, jackets and hats, and taking money from the cash register while holding the store clerk, David Marsh, 62, at gunpoint.
As the men were running out of the store, Marsh is seen on store surveillance video throwing the empty cash tray at them. One of the gunmen responds by turning and firing multiple rounds, striking and killing Marsh.
Zalazar allegedly fired the fatal shots, but both he and Garcia are charged with murder and aggravated robbery. Friends of Garcia testified during the two-day hearing that he told them a couple of weeks after the incident that Zalazar wasn't supposed to shoot Marsh, and that Marsh should have just laid down on the floor after being robbed.
Originally, Martin Castillo, 20, who was outside the store waiting in a getaway car, was also charged with murder and aggravated robbery. He accepted a plea deal just prior to the start of the preliminary hearing on Wednesday, pleading guilty to the robbery charge in exchange for the murder charge being dropped.
The plea deal, however, is conditional on his cooperation in the prosecution of Garcia and Zalazar, said Salt Lake County deputy district attorney Matthew Janzen. The agreement calls for Garcia to testify truthfully against either of the other two defendants at trial, he said.
Castillo's sentencing is being delayed until the prosecution of the other men is complete. He is scheduled to return to court for a status hearing on Jan. 25.
Even though their preliminary hearings were combined, Janzen said Garcia and Zalazar will be tried separately with different judges. Garcia is scheduled to return to court for a pretrial conference on Jan. 25; Zalazar's is scheduled for Feb. 1.
After being bound over for trial, an arraignment was immediately held for both men on Thursday. Both entered pleas of not guilty.
Prior to the start of the preliminary hearing, Janzen said both Zalazar and Garcia rejected plea offers from prosecutors. As of Thursday, Janzen said there were no plans to offer another deal.
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