This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
A Utah judge on Wednesday ordered a trial for a Monument Valley man accused of stabbing his brother to death last fall.
Rodale Nelson, 34, is charged in 7th District Court with first-degree felony murder in the October death of his brother, 32-year-old Rojaer Nelson. The defendant is also charged with misdemeanor charges of unlawful possession of a dangerous weapon and intoxication.
After hearing testimony during Wednesday a preliminary hearing, Judge Lyle Anderson ruled there was probable cause for Rodale Nelson to stand trial on the charges, according to prosecutors.
The man is expected in court again on May 2, when attorneys will argue whether statements he made to police as they were investigating Rojaer Nelson's death will be allowed at trial.
On Oct. 30, Rojaer Nelson was found lying on State Road 163, with three stab wounds to his abdomen, according to court papers.
As police were investigating the scene, a man drove his car near officers and told them to "check out" Rodale Nelson, who was in his backseat, defense attorney Happy Morgan wrote in recently filed court papers.
"Rodale's hands and clothing were bloody and he smelled like alcohol," the defense attorney wrote.
Morgan alleges that police violated Rodale Nelson's constitutional rights after he was handcuffed and he had told them, "I should have a lawyer," — but officers proceeded to take his clothing, swab his hands, photograph his body and transport him to the county jail. At the jail, the officers interrogated him.
"All police communications were in English, Rodale's second language," Morgan wrote. "He has little education and it appears that he was in special education as a result of cognitive problems. He was intoxicated and exhausted and isolated from friends, and family, and wholly dominated by the police."
Morgan said a number of "arguably incriminating statements" that Rodale Nelson made to police should not be allowed at trial because he was not allowed to consult with an attorney, though he had asked for one.
San Juan County Attorney Kendall Laws said prosecutors will file their response with the court in the next few days, ahead of the May hearing where Anderson will decide whether Rodale Nelson's statements can be used against him at trial.
Twitter: @jm_miller