A schoolboy accused of gunning down a Scots-born man in a “senseless random act of violence” is to go on trial for first degree murder as an adult.
It is alleged by prosecutors in Utah that the teenager murdered Rory Swimm with a single shot in Salt Lake City in October last year, the BBC reports.
The suspect was meant to be charged as a juvenile, limiting the potential sentence if he was found guilty, because the incident took place 50 days before the suspect’s 16th birthday. However, a judge has now ruled that he will be tried as an adult – meaning he will face a sentence of 15 years to life if he’s convicted.
Rory’s Glaswegian mother, Susan Swimm, spoke to the BBC after hearing the judge’s ruling with her American husband Robb and their daughter Maggie in court.
She said: “I feel a tremendous amount of relief. We have been living in a complete state of torture waiting to find out what this judge was going to rule.
“Rory’s murderer was 50 days short of his 16th birthday. Had he been 16 years and one day, he would automatically have been charged as an adult. It’s taken 14 months and three days to get to this stage. We can now go into Christmas knowing that some justice has been served for Rory.”
The 23-year-old moved with his parents from Fife to Colorado at just six weeks old. Prior to becoming involved in an early-morning dispute with three teenagers outside a 7-11 convenience store, he had been out drinking with friends.
Rory was fatally shot through the heart by a 9mm bullet. The casing was found approximately 30 metres from his body after he died at the scene.
We previously reported that the gunmen fled the scene in a getaway car but were later traced by US police. Originally the youth was due back in court in January for a hearing to determine if he is to be tried for murder as a juvenile or an adult. He also faces a charge of illegal possession of a firearm.
Police traced the suspect and found a handgun, which had been a present from his grandfather, in a locked safe in his bedroom. However, detectives believe that the fatal shot had been fired by another handgun which hasn’t been found.
This is because a photograph from earlier that same night showed the teen wielding two guns, one of which was mounted with a green laser device. CCTV footage was said to have shown a green light bouncing off the trunk and branches off a tree at the crime scene.
The killing was branded as “a senseless random act of violence perpetrated against a group of complete strangers” by prosecutors. They argued it was necessary to try the teenager as an adult to protect the community.
The maximum sentence that he could have received if convicted of murder as a juvenile would have been nine years and two months. The suspect’s defence lawyer told BBC News he was pleading not guilty to the murder charge.
Rudy Bautista said: “He was defending himself from a violent attack by Mr Swimm. He was charging towards my client with a skateboard held above his head as if he was about to strike my client with it. We will be arguing that my client was defending himself and is entitled to an acquittal.”
Anyone accused of committing murder when they are aged under 16 must be formally transferred to the adult system under Utah’s criminal justice system, explained Salt Lake County district attorney Sim Gill. That decision had been taken by the Third District Juvenile Court.
He said: “Should the juvenile be convicted of murder as an adult, the defendant faces a mandatory prison commitment of 15 years to life in prison as determined by the Utah Board of Pardons and Parole.”
Rory Swimm returned to Scotland every year to visit relatives and was a passionate skier and skateboarder. His father Robb hopes that, although an uphill struggle, his son’s death will lead to changes to Utah’s gun laws.
He said: “Utah is very much pro-gun so it’s very difficult to present anything that comes off as anti-gun. In that way I think justice is not really being done here. It’s the bare minimum of justice is what our family is receiving.”
Rory’s family and friends have set up a foundation in his memory to “teach young kids the importance of empathy and the value of life.”
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