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Judge dismisses kidnap plot charges against 2 teens
This is an archived article that was published on sltrib.com in 2009, and information in the article may be outdated.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.

A judge on Thursday dismissed charges against two teenage boys accused of plotting to kidnap, torture and kill three people in the style of the "Saw" horror films.

But 3rd District Juvenile Judge Christine Decker said the teens -- ages 14 and 15 -- need mental health counseling for discussing "horrible" things such as sewing people's mouths shut.

She also scolded the boys for calling into question the lives of three purported victims -- two teenage girls and a school resource police officer. In keeping with the theme of the "Saw" movies, the boys identified the three as being drains on society who required life-threatening ordeals to show them the error of their ways.

"Who were the two of you to sit in judgment of others?" asked the judge. "It was disturbing and loose talk, and look what happened."

The conversation resulted in a police investigation, the boys' arrest and a trial on charges of second-degree felony conspiracy to commit aggravated kidnapping.

The defense had claimed the older boy's parents overreacted by calling Murray police officers after eavesdropping on a March 7 phone conversation between the boys when they discussed abducting victims and where to take them.

But the judge said the boy's parents did the right thing.

"I think anyone hearing this communication should have reported it to police," the judge said. "It would be irresponsible to do otherwise."

The judge's decision to dismiss the case was met with tears from the defendants' parents and supporters of the alleged intended victims in the case. A smattering of applause came from supporters of the younger boy, who was on house arrest at his Midvale home and left the courtroom with his parents.

"I'm very happy," said the boy's father, who vowed to monitor what his son is viewing in the future. Asked if he would allow his son to see "Saw VI," set for release in October, the man said, "After he is 18 years old."

The judge ordered the older boy removed from juvenile detention and placed in protective custody with the Department of Child and Family Services, where he will receive residential mental health counseling.

Defense attorney Sam Pappas said the boy asked him to file a petition with the court seeking such counseling. Pappas said the boy and his family had sought help for him a year ago, but failed because of insurance problems and other obstacles.

The older boy's mother said, "We're just happy [he] will get help. We love our son."

During closing arguments, Pappas and defense attorney Thomas Burton argued that prosecutors had produced no evidence that the boys were doing anything but fantasizing about a movie.

Said Burton: "Their evidence is solely about talk, and talk is cheap."

But prosecutor Robert Neill argued there was evidence of intent in the older boy's March 7 phone call to a 14-year-old girl asking her to skip school and meet him in Alpine, which was one locations the boys had discussed taking victims.

The 14-year-old boy attends Midvale Middle School and the 15-year-old is a West High School student. Their alleged targets were a Granite Park Middle School student, a Midvale Middle School student and Midvale Middle School resource officer.

The Salt Lake Tribune is not naming the boys because of their ages, and is not identifying the mother who testified to protect the boys' identities.

shunt@sltrib.com

Justice » Defense says boys' talk of imitating 'Saw' films was fantasy.
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