This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated.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 Millard County man has been bound over for trial on charges of causing the 2013 death of his estranged wife.
Lee J. McIntyre, 62, is charged with negligent homicide, a class A misdemeanor punishable by up to one year in jail, as well as tampering with evidence, also a class A misdemeanor.
He is accused of causing the death of 58-year-old Janet McIntyre on Oct. 18, 2013, by providing her with a bottle of vodka despite knowing she was advised not to drink alcohol because of restrictions with prescribed medications, according to court documents.
McIntyre also allegedly told investigators that he disposed of the empty bottle at a nearby gas station after Janet McIntyre's death.
During his preliminary hearing in June, McIntyre's defense attorney argued that providing alcohol to a consenting adult is not illegal, and McIntyre should not be held liable for Janet McIntyre's decision to drink.
In response, prosecutors said the underlying action in a negligent homicide does not have to be illegal, but rather involves a "failure to perceive a substantial and unjustifiable risk." They say McIntyre provided Janet McIntyre with alcohol despite knowing that she had doctor's orders not to drink it.
4th District Court Judge Jennifer Brown ruled in favor of the prosecution's argument in an order filed Tuesday.
"There is simply no support for the proposition that the conduct underlying a criminal negligence allegation must be illegal or wrongful in and of itself," Brown's ruling states.
A medical examiner determined that Janet McIntyre's death was due, in part, to alcohol and prescription drug toxicity. McIntyre was arrested on Nov. 24, 2015.
McIntyre has an arraignment hearing scheduled for Sept. 26.
Twitter: @CourtneyLTanner