It's not voluntary if you can't prove that he intended to kill him.
Incorrect. Under Utah statutes there is no stipulation for 'intent'..
read
How a Sentence is Determined
The judge determines the sentence of a person convicted of a crime using the Utah Sentence and Release Guidelines. These are published as Appendix D of the Utah Court Rules Annotated and available on the Utah Sentencing Commission's website (sentencing.state.ut.us).
The Guidelines also provide aggravating and mitigating factors which can be considered in sentencing:
Aggravating factors
Things that can make the punishment more severe, including:
whether the victim suffered substantial bodily injury;
whether the offense was extremely cruel or depraved;
whether the offender was in a position of authority over the victim;
whether the victim was unusually vulnerable.
A penalty can also be enhanced if:
the person committed the crime with two or more other people;
the person used a dangerous weapon on or near a school;
the person committed the crime in the presence of a child;
the person is determined to have committed a hate crime;
the person is determined to be a habitual offender;
the offense was committed while in prison.
Mitigating factors
Things that can make the punishment less severe, including:
whether the offender was exceptionally cooperative with law enforcement;
is a good candidate for treatment;
has developmental disabilities.
Utah State Courts - Criminal Penalties
This offender can have his sentence enhanced under "serious bodily harm"...As well as "depraved indifference"...
The book will be thrown at this monster.
The sentence range is one to 15 years imprisonment.
Hopefully he gets the whole truckload.
I'd even throw in a hate crime charge.
