Roger Allen Malcolm, 51, was scheduled for sentencing in 3rd District Court, but the hearing was rescheduled for Aug. 25 after the man either refused to be transported to court from the Salt Lake County Jail or wasn't transported because of a "technicality," said prosecutor Alicia Cook.
A jury found Malcolm guilty in June of the Dec. 26 shooting death of Verne Jenkins, a 31-year-old security guard at Sapp. Bros Travel Center.
News of the delay dismayed the family of Jenkins, who said they were prepared to address the man who killed their husband and son.
"It's frustrating. I think he needs to be here and he needs to hear what we have to say," said Jenkins' widow, Stephanie, outside the courtroom.
Jenkins' mother, Nora Jenkins, submitted a letter to Judge Paul Maughan outlining how Verne's death has changed the family. She declined to tell reporters what is in the statement before next week's sentencing.
A tearful Nora Jenkins said the family wants closure, and is dismayed the court proceedings are dragging on another week.
"We don't have a son anymore. My grandchild doesn't have a father," she said, adding that she plans to ask Malcolm how he feels about his crime now that he's had to think about the shooting while in jail.
Witnesses testified during Malcolm's trial that Jenkins was escorting Malcolm out of the truck stop when a fight broke out between the two men and Malcolm shot Jenkins once in the neck. Malcolm had been waiting in line to buy a pack of gum and was harassing the cashiers when Jenkins ordered him to leave the store, witnesses said.
At that prosecutor's request, Maughan ordered Malcolm to attend the Aug. 25 sentencing. Cook said a defendant can refuse to attend a court hearing, but not if a judge issues an order stipulating he or she must attend. Malcolm is facing 15 years to life in prison.
