Here's the post from the Deseret News...
CEDAR CITY -- With tears in his eyes, Sean Graham's father approached Anson Arnett's mother, held her hand and offered his deepest apologies. As everyone exited the courtroom Monday, Jesse Simmons' father also offered his condolences.
Sean Graham and Jesse Simmons, both 17, are accused of killing Anson Arnett, their Maximum Life Skills Academy counselor. The two, who are charged with aggravated murder, are accused of beating Arnett with an aluminum baseball bat. They also are charged with aggravated kidnapping because they reportedly injured him and locked him in a closet after the alleged assault. The two also are charged with theft of an operable vehicle, for allegedly stealing the group home van, and theft, for reportedly stealing the television and other items from the house. Both are being charged as adults.
Although apologies were extended to the Arnett family, Anson's younger brother Abraham has opinions different from his parents, and he is concerned that justice will be served.
"It's not about vengeance, it's about justice, and the people involved taking responsibility for their actions," he said.
At the preliminary hearing Monday in 5th District Court, Judge G. Michael Westfall found probable cause that there was a vehicle stolen and that the crime of theft took place. However, he said he will not rule on the two aggravated charges until June 9.
"Intent is one of the elements I want to hear about," Westfall said Monday. Simmons' attorney, Steven McCaughy, suggested that written briefs be submitted to the judge because the elements he was concerned about were so substantial to the case. Graham's attorney, Douglas Terry, agreed.
Iron County Attorney Scott Garrett respected the judge's decision, but he said he thought the judge disregarded the fact that a preliminary hearing only requires probable cause to bind defendants over, and all inferences should be resolved in favor of the state.
"My only concern is this is merely a probable cause hearing," Garrett told the judge. "I think we may be misrepresenting the proceedings. I don't believe it's the function of the court to sift through or weigh out the evidence at this stage."
The judge's decisions came after testimony from a long list of witnesses, including two group home residents who witnessed the attack.
The first witness, a 16-year-old boy from Colorado, said Simmons hid behind a 4-foot wall while Anson Arnett walked up the stairs. Graham, who was also hiding near the stairs, gave Simmons a look when Arnett approached, and Simmons swung the aluminum bat at Arnett's head, he said.
The second witness, a 16-year-old boy from California, gave mirroring testimony.
Both boys said that Anson Arnett was hit twice with the bat, and after the second hit, Graham and Simmons locked Arnett in a closet.
Jake Truman, who was an employee of Maximum Life Skills Academy at the time of the attack, got involved in the situation when the two witnesses ran to his house for help, once Simmons and Graham had fled in the van.
"When we got the closet door open, I saw his condition ... and called 911," Truman said. "His legs were in the air, and he was propped against the file cabinet. He had difficulty breathing, and he had foam coming from his mouth."
State Medical Examiner Maureen Frikke testified that Arnett's injuries were consistent with a blow to the head, and they could have come from being struck with a bat.
"He was struck from the back, the head accelerated forward and rebounded," she said. "The brain bounced inside of his skull, which resulted in tearing the brain from the skull."
As Arnett's father, Perry, listened to the testimony, the pain he felt for his son's injuries and death was visible.
"It's not easy. It's far more complex then I imagined," Perry Arnett said.
Perry Arnett could not say what he hopes will come as a result of the legal proceedings in his son's death.
"I don't have an answer at this point," he said. "The law has taken so much away from the victims that I can only really stand on the side and watch."
Note: It seems it may have helped if someone had removed him from the closet right away instead of waiting two hours. Why the wait?
Our country right or wrong. When right, to be kept right; when wrong, to be put right.
--Carl Schurz, German-born U.S. general and U.S. senator
