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Attorneys for a 15-year-old West Valley City boy — who is accused of killing and sexually assaulting his 12-year-old neighbor — asked a judge on Thursday for more time to decide whether they will ask for a competency evaluation for the boy.
The boy is charged in 3rd District Juvenile Court with first-degree-felony aggravated murder and first-degree-felony rape of a child in the July death of Kailey Vijil.
The teenager was in court Thursday afternoon, where his attorneys asked Judge James Michie to hold off until at least December to set a preliminary hearing and certification hearing. Defense attorney Monica Diaz Greene told the judge that the extra time was needed as they consult experts and decide whether a competency evaluation was necessary.
In past hearings, attorneys had said they feared the teen does not understand the court process or proceedings and may not be mentally competent to participate in his own defense and stand trial.
Prosecutor Patricia Cassell said she did not oppose the request for more time, and she said Vijil's family understood that the delay was necessary.
"We understand what needs to be done," she said. "We want to make sure we have everything done right."
Michie agreed to delay setting the preliminary hearing dates on Thursday and set a Jan. 7 scheduling conference. But he warned the attorneys that he wanted to move the case along as quickly as possible.
"The first [charging] information was filed in July," the judge said. "And I don't want to wait until July 2016 to rule on the motions. I don't think we need a year to get that before the court. … Time is of the essence, and I don't want it to take one day longer than necessary."
Police say the boy lured Vijil from her home just before midnight on July 16 with a story about looking for a lost cat. Court papers filed in August say a medical examiner found the girl had been sexually assaulted and that DNA found on her body matched DNA samples from the boy.
Salt Lake County prosecutors want the boy certified for trial in adult court. Michie would make that decision after hearing evidence and weighing the severity of the alleged crimes and the community's safety, as well as the youth's psychological records, family history and rehabilitation needs.
Because of his age, the teen could not be eligible for the death penalty, even if he is convicted of the crimes in adult court. He could, however, be given a maximum sentence of life in prison without the possibility of parole.
The boy is being held in a juvenile detention facility, and bail is set at more than $1 million. The Salt Lake Tribune does not identify juvenile defendants unless they have been certified to stand trial in adult court.
Vijil was first reported missing about 1:30 a.m. on July 17, after her mother was out looking for her daughter and happened upon some police officers at a convenience store near 3500 South and 5200 West, according to police.
Officers pinged Vijil's cellphone, which led them at about 2:55 a.m. to her body in an overgrown horse pasture near 3600 South and 5200 West, about a half-mile from where the girl lived.
Twitter: @jm_miller