Man ordered to face trial for homicide in deaths of two Eagle Mountain toddlers taking part in in a corral

PROVO — A 4th District choose on Monday ordered Kent Cody Barlow, a person charged with inflicting the deaths of two Eagle Mountain toddlers, to face trial for 2 counts of homicide.

Two 3-year-old boys, Odin Jeffrey Ratliff and Hunter Charlie Jackson, had been taking part in a horse corral and had been killed when a automotive left the highway and veered into Cedar Valley Stables on Might 2, 2022.

Choose Robert Lund ordered Barlow to face trial for 2 counts of wicked indifference homicide, a first-degree felony, and one rely of possession of a managed substance, a category A misdemeanor. Lund stated throughout a listening to on Friday that due to the importance of the case, he would subject a written relatively than oral choice.

Barlow, 28, was initially charged with two counts of manslaughter relatively than homicide and was ordered to face trial on these expenses on July 28, 2022, by Lund. A number of months afterward March 13, 2023, prosecutors amended the costs, enhancing manslaughter to homicide, a first-degree felony.

‘Wicked indifference’

Earlier than deciding whether or not there was ample proof to order Barlow to face trial on the upgraded expenses, Lund listened to proof throughout 4 days all through February and March. He additionally reviewed written arguments and listened to attorneys throughout a listening to on Friday.

Deputy Utah County legal professional Ryan McBride argued Barlow’s actions meet the necessities for “wicked indifference homicide.”

Benjamin Aldana, Barlow’s legal professional, stated the regulation for wicked indifference requires an motion to be “particularly directed” at the one that is killed, and Barlow wasn’t conscious of the toddlers. He stated if somebody had been seen, or if there was a house there as a substitute of stables, possibly the wicked indifference statute would apply.

“That statute does not apply right here,” he stated.

Lund’s choice says at 7:16 p.m. on Might 2, 2022, Barlow misplaced management of his automotive and crashed it into Cedar Valley Stables. Lund says there have been “at the very least 20 folks” on the facility, largely kids studying to trip horses, and the power is seen from a number of miles away.

“The one-car accident created a big particles area. Earlier than colliding with the coated horse stalls, the automotive handed by a number of layers of fencing. … The automotive hit the construction with such power that it tore all of the supporting beams out of the bottom. With no help, the roof on the construction collapsed,” the order stated.

It stated the steady’s roof collapse killed each boys.

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Three others who had been within the automotive with Barlow testified that he was driving at a excessive charge of pace and ran a cease signal.

“All of them informed (Barlow) a number of instances to decelerate. (He) ignored their pleas,” the order says.

It stated GPS knowledge from one of many passengers’ telephones reveals Barlow accelerated to 123 mph instantly earlier than the crash and left the highway touring at 117 mph — the pace restrict is 45 mph.

“(Barlow) took no precautions to reduce the dangers that his driving posed to different folks. On the contrary, his failure to heed the calls for of his passengers to decelerate and obey visitors legal guidelines collectively along with his ingestion of a strong mind-altering drug exasperated the dangers his conduct posed to others,” the order says.

It stated a blood draw on the hospital confirmed Barlow had consumed “a considerable amount of methamphetamine” in some unspecified time in the future earlier than the crash.

Shortly earlier than the crash, Barlow had been doing doughnuts in a area subsequent to a baseball apply, a coach testified, and induced concern that he may hit somebody. Different drivers additionally reported seeing a automotive transfer in a short time.

Lund’s order stated Barlow “created a extremely probably chance” of loss of life.

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The regulation for wicked indifference homicide was modified two days after the crash that killed the 2 toddlers, altering the definition from inflicting “the loss of life of one other” to inflicting “the loss of life of the opposite particular person.”

Aldana has claimed this transformation created a brand new protection, however Lund stated he finds the sooner model of the statute applies as a result of the modification was not made retroactive to incidents that occurred earlier than the regulation was modified.

Movement to disqualify Lund

On Sunday, forward of the choice to order Barlow to face trial, Aldana filed a movement asking Lund to recuse himself from the case. He stated Lund’s insistence on holding the trial for Barlow in September reveals he isn’t neutral, as Aldana contends he might not have sufficient time to organize Barlow’s protection.

Lund set the trial in September earlier than figuring out whether or not the trial could be for manslaughter or homicide, whereas the preliminary listening to was scheduled for January, the movement stated. The January listening to was delayed to February and March after Aldana examined optimistic for COVID-19. It wasn’t till Monday that Barlow and his legal professional discovered whether or not the trial could be for manslaughter or homicide, Aldana stated.

When Aldana stated Friday that there may not be time to organize for the trial by September, Lund stated he has identified concerning the trial for some time. He informed Aldana the trial dates had been “agency.”

Aldana’s movement stated the case historical past reveals Lund “holds a bias in opposition to Mr. Barlow” and his protection staff.

“The truth that the courtroom has repeatedly required {that a} trial setting be in place for this case … says one thing,” he stated.

Aldana stated requiring a case to go to trial 4 months after Barlow was ordered to face trial will negate his proper to a good trial within the double-murder case.

That is the second time Aldana has made a request for the choose to recuse himself on this case.