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Plea deal set aside in teen's case after allegations of prosecutorial misconduct
kjzz ^ | March 13, 2025 | Wendy Halloran & Michelle Poe

Posted on 03/13/2025 6:41:01 PM PDT by xxqqzz

SALT LAKE CITY (KUTV) — Following a 2News Investigation into accusations of prosecutorial misconduct at the Salt Lake County District Attorney’s Office, the case at the center of it all was heard by a juvenile court judge on Wednesday.

This comes after criminal defense attorney Nathan Evershed filed multiple motions to dismiss the case against 15-year-old Emiliano, disqualify the DA’s Office from the case, and a motion for immediate release from custody.

On August 17, 2023, at Scottsdale Park in West Valley City, Emiliano was robbed at gunpoint by 24-year-old Niusami Auelua, an AP&P probation fugitive who had extremely high levels of methamphetamine in his system. Emiliano defended himself stabbing Auelua. Auelua was fleeing the park after robbing Emiliano of his backpack when he collapsed and died.

Four days later, the DA’s office declined to prosecute him citing self-defense issues. But six months later, prosecutor Adrianna Davis filed an “Information” charging him with first-degree murder and on that same day, amended the information filing on the murder charge. Davis filed the case with the intent to transfer to adult court and prosecute the then 14-year-old as an adult.

Following a 2News Investigation into accusations of prosecutorial misconduct at the Salt Lake County District Attorney’s Office, the case at the center of it all was heard by a juvenile court judge on Wednesday, March 12, 2025 (KUTV)

...

Court filings allege Davis had an inappropriate relationship with West Valley City Police Detective Josue Llil who was investigating Auelua’s case and that it was never disclosed to Emiliano’s former defense attorney.

Twenty-seven pieces of evidence were not turned over to Emiliano and his former defense attorney. After Emiliano accepted a plea deal for manslaughter and the case was closed, the DA’s office admitted that evidence was not turned over.

(Excerpt) Read more at kjzz.com ...


TOPICS: Crime/Corruption; US: Utah
KEYWORDS: selfdefense
14-year old stabbed to death someone robbing him at gunpoint. Initially considered self-defense, but 6 months later he was charged as an adult with first degree murder. He pled guilty to manslaughter and got 10 years. Both stabber and robber seem Hispanic or foreign. Woman prosecutor was involved with male detective on case, both married. Don't understand totally the effect of that. Evidence withheld from defense. Stabber's plea bargain vacated.
1 posted on 03/13/2025 6:41:01 PM PDT by xxqqzz
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To: xxqqzz

great summary. Thanks.


2 posted on 03/13/2025 6:50:15 PM PDT by for-q-clinton (Cancel Culture IS fascism...Let's start calling it that!)
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To: xxqqzz

Sounds like self defense to me. Kid probably had a dimwit public defender.


3 posted on 03/13/2025 7:02:25 PM PDT by Flaming Conservative ((Pray without ceasing))
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To: xxqqzz

There is a bunch of shady stuff going on in Utah.

https://www.thegatewaypundit.com/2025/03/utah-judge-freed-fire-chief-charged-child-exploitation/


4 posted on 03/13/2025 7:40:06 PM PDT by FreedomPoster (Islam delenda est)
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To: xxqqzz

Utah is a very conservative state. Salt Lake City is very liberal. It is like Texas, deep red with Austin deep blue with insane prosecutors. We call Austin “Berkley on the Colorado River.” The Colorado River of Texas runs through the middle of Austin.

Example of Austin’s insanity” Daniel Perry a Sergent in the Army doing work as a Uber driver part time to support his family was charged and convicted of murder. He turned onto Congress Avenue and was caught up in a protest. A protestor carrying a semi-automatic AK-47 came up to his Uber and pointed it at him. Perry fearing for his life shot him dead. Perry then fled the scene fearing for his life and shots from unknowns were fired at him. His fleeing was wise. In Texas this was a totally legal shoot.

Once safe he called the cops to report what happened. He was then subjected to left wing prosecutors for destruction and removal of his freedom and sentenced to years in jail.

He was pardoned by our great Governor Perry. Unfortunately he was not pardoned immediately due to a strange twist in Texas Law. The governor can not do this until approval of the Texas Parole Board. Perry did this immediately upon their approval.


5 posted on 03/13/2025 10:07:24 PM PDT by cpdiii (cane cutter, deckhand, oilfield roughneck, drilling fluid tech, geologist, pilot, pharmacist ,MAGA)
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To: xxqqzz
He brought a knife to a gun fight, and won.

Yeah, Public Defenders tend to go for a “Plea Bargain” regardless of the merits of the case. Clears their docket fast and to be honest most of their clients are guilty. Hope Emiliano has a better lawyer now, and sues Salt Lake County for legal expenses when the dust settles.

6 posted on 03/14/2025 3:19:42 AM PDT by nuke_road_warrior (Making the world safe for nuclear power for over 20 years)
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To: xxqqzz

FWIW, Utah has been buried under wave after wave of Californian’s and illegals.

We sold our rural property there several years ago as it had gotten so bade even the rural areas.

Example -
https://www.kuer.org/politics-government/2024-03-25/even-rural-areas-like-millard-county-are-feeling-utahs-spike-in-immigration-cases

Delta is a town of about 3K. Big Ag is pulling in so many illegals the situation is nearly out of control. A big fight broke out at a Peru Independance Day drunk fest, the cops of neighboring counties had to be called in. 400+ illegals (all from Peru) were having at it.

Now, the Big AG people are trollling in illegals from Ecuador for cheap labor, Illegal Mexican cost too much, the Peruvian are too much trouble. Happy to see Trump cracking down - finally.


7 posted on 03/14/2025 10:42:12 AM PDT by ASOC (This space for rent)
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To: xxqqzz

Any prosecutor engaging in misconduct should be immediately sentenced to whatever term of incarceration the victim would have received up to and including the death penalty.

Same for the cops.

L


8 posted on 03/14/2025 10:45:34 AM PDT by Lurker ( Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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