Utah
Convicted Utah man says it wasn’t his fault, but judge sends him to prison for murder
A West Valley man was despatched to jail for murdering a person who was visiting him. A decide mentioned the person’s actions had been “inexcusable” and warned towards the risks of utilizing firearms whereas ingesting. (Kristin Murphy, Deseret Information)
Estimated learn time: 4-5 minutes
SALT LAKE CITY — A West Valley man was sentenced Tuesday to a time period of between three and 15 years in jail for murdering a person who was visiting him.
A jury convicted Glen Hogue, 59, in April after concluding that self-defense might have been an element within the taking pictures demise.
Jurors discovered that Hogue was responsible of homicide, a first-degree felony. However additionally they decided prosecutors didn’t sufficiently show that he was not appearing in self-defense when he shot a good friend visiting his house, that means the homicide cost was handled at sentencing as a decrease manslaughter cost. The jury additionally discovered Hogue responsible of discharge of a firearm, a second-degree felony.
Hogue obtained a sentence of three to fifteen years for the second-degree felony cost, and a sentence of between one and 15 years for the homicide cost. The sentences had been ordered to be served on the identical time.
Hogue known as 911 on March 23, 2021, and reported he had shot his good friend within the motorhome parked exterior his home in West Valley Metropolis, in keeping with charging paperwork. Police arrived to search out Troy Gerry Frampton, 60, useless contained in the car with gunshot wounds to his face and chest.
“This has been a horrible accident that I didn’t create, however I did — I did survive,” Hogue mentioned throughout his sentencing listening to Tuesday. “I do not really feel it was my fault in any respect.”
He mentioned he was afraid for his life and for his girlfriend’s life, and that he held no animosity towards Frampton, who he mentioned was his good friend. Hogue mentioned he’s sorry for the household’s loss and for Frampton’s demise, despite the fact that he had mentioned he wasn’t sorry on a cellphone name which was performed in the course of the trial.
Hogue mentioned he intends to attraction his case.
“Why I used to be convicted is simply past me,” he mentioned. “I do not really feel it was my fault in any respect.”
Frampton’s ex-wife, Gayle Frampton, spoke on the sentencing and talked in regards to the influence the occasion has had on her household, together with her sons and grandson. She was married to Frampton for over 35 years, and described how youngsters had been drawn to him and the way he was kindhearted and a good friend to many.
“(Hogue has) taken a lot pleasure from our household, I can not even describe it,” she mentioned.
She mentioned Hogue’s actions after the killing present her that he was not Troy Frampton’s good friend. She mentioned he ought to have taken time to see if her ex-husband was OK and that his actions — together with firing a second shot — present that it was homicide and never an accident. She requested for the utmost accessible sentence.
Third District Decide Richard McKelvie emphasised that neither man within the scenario is innocent, noting that Frampton introduced the firearm that prompted his demise and that each males had been dealing with a firearm after they’d been ingesting.
“The misuse and abuse of firearms, particularly because it pertains to firearms and alcohol or different managed substances is endemic in our society. And it is one of many issues that contributes to the variety of deaths and that extremely excessive murder price that we now have on this nation,” McKelvie mentioned.
Nonetheless, he mentioned Hogue’s actions had been “inexcusable,” noting that the jury did discover him responsible of homicide and rejected choices to search out him responsible of lesser offenses. He mentioned Hogue’s statements are the one direct proof within the case, and even these statements, though inconsistent, acknowledged that there have been alternatives to keep away from the tragic scenario.
The decide additionally mentioned the second shot was pointless and unwarranted.
“I am very involved in regards to the defendant’s lack of regret and his insistence in his declare of self-defense,” he mentioned.
Hogue’s legal professional, Austin Mort, requested the decide for probation as an alternative of a jail sentence, however McKelvie mentioned it’s uncommon for felony actions leading to a demise to not result in a jail sentence, and this could not be a kind of circumstances.
Nonetheless, he additionally declined to offer the sentence that the prosecutors requested, which was consecutive sentences resulting in between 4 and 30 years in jail. McKelvie mentioned consecutive sentences might find yourself being equal to a life jail sentence on this case due to Hogue’s age, and he mentioned he wished the sentence to mirror the jury’s willpower that he might have been appearing in self-defense.
“I perceive that it is a very, very tough, horrible tragedy for everyone who’s concerned and that what I’ve finished right here does nothing actually to advance the pursuits of both of those events in any vital means,” the decide mentioned.