SALT LAKE CITY — The group of protesters charged in connection with vandalizing the Salt Lake County District Attorney’s Office no longer face a possible life sentence if convicted.
On Friday, retired 3rd District Judge Dane Nolan, who was selected by District Attorney Sim Gill to act as “conflict counsel” to prosecute the cases as he saw fit, filed amended charges, dropping most of them by two levels.
Those charged with criminal mischief with an added gang enhancement, a first-degree felony, are now charged with criminal mischief, a third-degree felony. Others charged with rioting, a third-degree felony, are now charged with disorderly conduct, a class C misdemeanor.
A first-degree felony carried a possible sentence of five years to life in the Utah State Prison if convicted. A third-degree felony in Utah is punishable by up to five years in prison and up to a $5,000 fine.
Nine people have been charged in connection with vandalizing the district attorney’s building, 35 E. 500 South, by spreading gallons of red paint around the entrance and on 500 South, and breaking several large windows. At least one person is charged with clashing with police following the vandalism. The total damage to the building was estimated to be about $200,000.
The group protested on July 9, just hours after Gill found the fatal shooting of Bernardo Palacios-Carbajal by two Salt Lake City police officers to be justified.
Gill originally charged many of those arrested with the first-degree felony. Under Utah law, any theft of property or services or damage that totals at least $5,000 qualifies as a second-degree felony. Under the state’s gang enhancement statute, the crime is elevated to a first-degree felony.
The gang enhancement clause states that if a crime is committed “in concert with two or more persons,” the charge can be elevated one degree.
But after the group that protested on July 9 was charged, many decried the first-degree felonies as being too harsh, and argued it was retaliatory. Gill said he always intended to find another attorney not from his office to prosecute the case to avoid a potential conflict of interest.
On Wednesday, the cases against those nine defendants were moved to Summit County’s 3rd District Court. Friday the charges were amended.
Those accused of breaking the windows at the district attorney’s office face the most serious charges, while those connected to the red paint spread at the scene now face third-degree felonies.
They are:
• Madalena Rose McNeil, 28, charged with criminal mischief, a third-degree felony; and disorderly conduct, a class C misdemeanor.
• Richard Lovell Davis, 31, charged with criminal mischief, a second-degree felony.
• Marvin Buck Oliveros, 39, charged with criminal mischief, a third-degree felony; and disorderly conduct, a class C misdemeanor.
• Madison Tayt Alleman, 25, charged with criminal mischief, a third-degree felony.
• Viviane Marie Turman, 24,charged with criminal mischief, a third-degree felony;
• Hurija Mustafic, 26, charged with two counts of assault on a police officer, a class A misdemeanor.
• Emanuel Alan Hill, 21, charged with criminal mischief, a second-degree felony.
• Sofia Linda Alcala, 18, charged with criminal mischief, a third-degree felony; and disorderly conduct, a class C misdemeanor.
• Michelle Claire Mower, 25, charged with criminal mischief, a third-degree felony; and disorderly conduct, a class C misdemeanor.