Judge rejects motion to withdraw guilty plea in Sarbaum manslaughter case
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IDAHO FALLS — Just weeks after agreeing to a plea deal, a local man accused of killing his friend tried to take it back.
Justin Sarbaum pleaded guilty to voluntary manslaughter on Jan. 5. He was originally charged with second-degree murder for the death of Tyson Tew. On Tuesday Sarbaum’s defense made a motion to withdraw the guilty plea.
Sarbaum’s defense argued that he didn’t have sufficient time to decide before accepting the agreement. Sarbaum was unhappy with the agreement and wished to continue with his previous claim of innocence.
Bonneville County Prosecutor Danny Clark said the defense knew months prior to the mediation, held on Jan. 5, that the agreement was coming.
District Judge Joel Tingey rejected the motion and Sarbaum is scheduled to be sentenced on March 1.
As part of the plea agreement, both parties agreed to a unified 20-year sentence with a maximum two years fixed.
Bonneville County Deputy Prosecuting Attorney John Dewey explained the defense must agree to the minimum 20-year unified sentence, but can argue for a shorter fixed amount of time.
The agreement is not binding on the court, meaning the judge can choose to give a different sentence than the recommended one.
During the January hearing, Sarbaum told the judge he was guilty of killing Tew.
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“I regretfully shot and killed my friend, Tyson Tew,” Sarbaum said. “For that, your honor, I am sorry.” He turned to address the people sitting in the back of the courtroom and tearfully said, “Most importantly to his family, I’m so very sorry. I’m sorry.”
Sentencing is scheduled for March 1 to allow time to complete a pre-sentencing investigation and allow for those planning to make statements time to make travel arrangements.
According to police reports, officers responded to a “shots fired” call in the 2700 block of St. Clair Road just after 5 p.m. on Jan. 7, 2017. Officers arrived and found Tew’s body in Sarbaum’s apartment, dead from apparent gunshot wounds.
Authorities then took Sarbaum into custody.
Police say detectives learned Sarbaum and Tew had gotten into an argument. During the argument, Sarbaum shot and killed Tew.