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The Utah Court of Appeals has upheld the murder conviction of Adam Karr for stabbing a man to death outside a Capitol Hill house party.
In a 3-0 decision, the court rejected Karr's argument that he was defending himself, his brother and his home when he killed 22-year-old Kaleb Yazzie.
Karr, now 29, was convicted by a jury of first-degree felony murder and second-degree felony obstruction of justice. He is serving up to life in prison for the murder and one to 15 years on the obstruction count; the terms are running concurrently.
Yazzie was attending a party at Karr's home July 31, 2012, as a guest of a mutual friend when he allegedly became belligerent. He was asked to leave numerous times and finally left but returned a few minutes later to get the alcohol he had brought to the party, according to witnesses.
Ammon Karr, Adam Karr's younger brother, testified at trial that a fight broke out after Yazzie tried to re-enter the house. But prosecutors alleged Adam Karr had been planning to stab Yazzie all night and had told partygoers that he wanted to "shank" someone.
According to charging documents, the brothers hid their bloody clothes and the knife after the stabbing. Yazzie died from his injuries at a hospital a few hours later.
Before Karr's sentencing in 2013, his defense attorney asked 3rd District Judge James Blanch to overturn the verdict, arguing that his client should not have been found guilty because of a defense of habitation law passed by the Legislature in the 1980s.
According to that law, people have the right to defend their home from an intruder by use of lethal force if they perceive the intruder will cause them bodily harm or will commit a crime in their residence.
Blanch denied the request, and on Friday, the Court of Appeals also declined to overturn the verdict.
Writing for the court, Judge James Davis noted the evidence indicated Yazzie was already outside the home and restrained prior to the stabbing. That meant he was not attempting to re-enter the home or to commit an assault in the home, the ruling said, "rendering unreasonable Karr's fear of imminent peril and his belief that deadly force was necessary."
Ammon Karr, 24, who also was charged in the case, pleaded guilty to second-degree felony obstructing justice in and was sentenced to 195 days in jail and three years of probation.
Twitter: @PamelaMansonSLC