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Bystander shooting case expected to go to County Attorney’s office soon

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PROVO — The evidence gathered in the case of a bystander shooting a man who was reportedly beating a woman in Provo is expected to be handed over to the Utah County Attorney Friday.  However, prosecutors say people probably shouldn’t expect any charges to come down right away, if at all.

For now, prosecutors don’t exactly know what the Provo Police Department is going to recommend.  Even after they get it, Utah County Attorney David Leavitt says they have to look at the best interest of three parties, not just two.

“We have to get in the mind of the shooter.  We have to get in the mind of the victim, and, when I say ‘victim’ I mean both the woman being beaten and I also mean the man who was killed,” Leavitt says.

Even with Utah’s “stand your ground” rules, Leavitt says this case may not seem as clear cut as many people would think.

“If you are in reasonable fear for your own safety or for the safety of others, then you have the ability to use lethal force.  But, the devil’s in the details,” he says.

Leavitt says he has the luxury of not being in a hurry, and he will take this case at a “responsible pace.”

He adds, “It’s impossible to look at a section of state law and make an assumption one way or the other.”