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Testimony: One defendant tried to head off murder
This is an archived article that was published on sltrib.com in 2009, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

One of the teens charged in the fatal shooting of a rival gang member at a West Valley City golf course earlier this year told police the 14-year-old gunman was egged on and trying to fit in.

West Valley City police Detective David Greco on Thursday testified 19-year-old Shardise Olataga Malaga broke down when he started questioning her about what happened on the West Ridge Golf Course on Feb. 5.

"She started to cry and said she was under a lot of pressure," Greco said as part of a preliminary hearing in 3rd District Court.

Malaga said the 14-year-old accused of shooting and killing 18-year-old JoJo Brandstatt was "trying to fit in," Greco testified. Greco said the girl also told him an 18-year-old, Spencer Isaiah Cater, was egging the boy on. Cater was telling him to "do it, you won't get caught. I will take everything," Greco testified.

Prosecutors have charged the 14-year-old, Malaga, Cater, and Jeremiah Ha'k Williamson, 26, with murder, aggravated kidnapping and aggravated robbery in connection with Brandstatt's slaying. The 14-year-old is charged in juvenile court but could be tried as an adult.

Brandstatt was targeted in part because he wore a red shirt and claimed allegiance to a Norteño gang, a rival to the Crips gang his captors were affiliated with, according to previous testimony from Gregory Brown, who witnessed Brandstatt's murder.

Brown, a 19-year-old drug dealer, testified he was kidnapped by the four defendants when he met them at a West Valley City Wendy's to trade marijuana for a gun. The group instead chose to rob Brown, and forced him for several hours to call known drug dealers to set up robberies. If Brown was able to steal $2,000 by the end of the night through robberies, his captors told him they wouldn't kill him, he told the court.

Brown called Brandstatt, who agreed to meet up with the group at Kearns Junior High School with the address of a gang member to rob. But when Brandstatt's stepmother dropped him off at the school, Brandstatt hopped out wearing a red T-shirt and red shoelaces. Brown has said that, and Brandstatt's supposed connection to Norteño gang members, angered the 14-year-old.

But in testimony Thursday, Greco described how Malaga said she tried to talk the 14-year-old out of the shooting and suggested going back to the golf course to check on Brandstatt.

Greco testified that at one point Malaga claims to have said "just take the kid home." And as the 14-year-old said he needed to kill Brandstatt because he "knew too much," Malaga tried to persuade the boy it would be OK if they Brandstatt him go, Greco recalled Malaga telling him.

Williamson, who allegedly drove the group to the golf course, told police he didn't mean for Brandstatt to get killed, Greco said. Williamson claimed Brandstatt told Brown as he was led up a hill on the golf course to his death, "I can't believe you set me up," Greco testified.

The group allegedly coerced Brown into using a pellet gun to rob three convenience stores following the slaying, but defense attorneys argue he was a willing participant.

In other arguments during Thursday's hearing, defense attorney Chad Steur accused West Valley City police of failing to arrest another suspect in Brandstatt's murder. Greco on the witness stand confirmed a teenage girl told police in a Feb.11 interview she was in the vehicle for part of Brown's and Brandstatt's kidnappings. The girl was allegedly on the hill when Brandstatt was shot by the 14-year-old, Steur said, but West Valley City police did not arrest her.

Greco said police did not have a cause to arrest the girl after they interviewed her.

mrogers@sltrib.com

What's next?

Third District Court Judge Vernice Trease continued the preliminary hearing to June 26 to consider a defense request to throw out the May 14 testimony of Dane Lunn.

Lunn said cellmate Spencer Isaiah Cater told him he witnessed Brandstatt's murder, but didn't pull the trigger. Lunn allegedly took notes of the jailhouse account and sent a copy to his mother before contacting police. Defense attorneys contend Lunn's testimony isn't admissible because the original notes were destroyed.

Justice » West Valley police detective recounts interview with 19-year-old woman.
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