Attorney expects serious consequences after second child dies from Utah crash involving 14-year-old driver
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Amelia Hobson and Kade Garner, ABC4
OGDEN, Utah (ABC4) — The Ogden Police Department has confirmed a second child has died from his injuries from a fatal crash that followed a high-speed chase on March 27. While the community is coming together to support the family, attorneys are considering what comes next.
On March 27, around 7:45 p.m., Ogden Police officers attempted to conduct a traffic stop on a stolen vehicle in the 2800 block of Quincey Avenue. However, the driver sped away.
Officers pursued the vehicle, leading to a brief high-speed chase. The pursuit ended after the driver crashed into a stopped multi-passenger vehicle near the intersection of 31st and Grant Avenue.
One of the passengers of the second vehicle, an 11-year-old boy, was ejected and was declared dead on scene. Additionally, the seven other occupants of the vehicle were injured. Unfortunately, police confirmed on Monday that another passenger, identified only as a 7-year-old boy, died as a result of his injuries.
Family mourns two children
Police have not released any information on the other passengers, except that their injuries range from non-life-threatening to critical.
The family, identified through a GoFundMe, says that several members “are continuing to recover from serious injuries, with some undergoing surgeries and facing a long, painful road ahead.”
The GoFundMe adds, “Along with the emotional devastation, we are now navigating medical expenses, funeral costs, medical treatments, surgeries, and the long road to healing for those who were injured.”
The driver and a passenger of the stolen vehicle, both identified as 14-year-old boys, were also injured during the crash, requiring hospitalization. Ogden Police Department has confirmed that the driver remained hospitalized as of Monday afternoon.
Community reacts
In the wake of this crash, members of the community have come together to show their support for the family and to honor the two young lives lost.
A memorial has been growing near where the crash occurred. Community members have been leaving flowers, candles, and stuffed animals to honor the 7-year-old and 11-year-old. ABC4’s Kade Garner spoke with one of the individuals who visited the memorial. While she didn’t personally know the family, she dropped off a few candles at the memorial.
Another community member has also started a fundraiser for the family and will be selling plates of homemade food with proceeds going directly to the impacted family. The organizers stated, “Our hearts are with this family during an unimaginable time. We are coming together as a community to help support them with expenses and show them they are not alone.”
What comes next?
As the family continues to recover and mourn, ABC4’s Kade Garner spoke with local attorney Clayton Simms to understand how officials may proceed with prosecuting this case.
At this time, nobody has been charged, and police have not disclosed the 14-year-old driver’s name. However, Simms says that if he is charged, he will likely be tried in the juvenile court system.
“They can be charged in juvenile court, but they must be 16 in order to be charged and transferred into adult court,” Simms said. “They can be held responsible because they are over the age of 13, but because they’re under the age of 16, transfer to adult court is more difficult, but they could be held for many, many years in the juvenile system.”
If charged as a juvenile, Simms says the driver could be in custody until he turns 25, which is intended to give him a chance to be rehabilitated.
“That’s part of the reason we have the juvenile system, because you make a mistake that young, you still need to be held accountable,” Simms said. “But you can be rehabilitated. … As a 14-year-old, you can be impulsive. You don’t make good life choices just because your brain isn’t fully developed, so your brain isn’t fully developed, and we’re not going to hold you completely responsible.”
Alternatively, Simms says that the courts, theoretically, would try him as an adult, which would be difficult. However, the severity of this case could warrant that, according to Simms.
He said, “If you’re involved in fleeing from a felony, you’re involved during the commission of a felony, and someone dies, then you can be charged with felony murder. So, this suspect has turned their case from a felony — a very, very serious felony — into a murder case.”
Even if you don’t intend to cause a death, if someone dies as a direct or indirect result of criminal behavior, Simms says you can be held responsible — though he added the driver is more likely to face manslaughter charges, rather than murder.
The passenger of the stolen vehicle could also potentially face charges if investigators determine that he was aware the vehicle was stolen or knew the driver’s intentions, he added.
Regardless, Simms noted that with two fatalities and numerous injuries, this is a very serious case and “the consequences will be serious.”
Charges are allegations only. All arrested persons are presumed innocent unless and until proven guilty beyond a reasonable doubt.
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