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The Utah Court of Appeals ordered a juvenile court judge on Thursday to reconsider his decision to allow a then-14-year-old boy to be tried as an adult for a gang-related killing on a West Valley City golf course.
The appeals court decided 3rd District Juvenile Court Judge Andrew Valdez had relied on a juvenile probation department report containing information considered inadmissiblehearsay in his December 2009 determination that Antonie "Hunter" Farani should be tried as an adult.
"When you're planning to prosecute someone as an adult even though they are a minor, then there's a different due process afforded that person," said defense attorney Rod Parker.
Farani is accused of shooting and killing 18-year-old Jojo Brandstatt for wearing the wrong color when he met up with a group of gang members who had embarked on a bizarre night of crime in February 2009.
The report on Farani's alleged crime and background that was submitted to Valdez was hundreds of pages long and contained everything from school reports to statements from victims and testimony from teachers. The appeals court ruling said parts of the report relied on hearsay evidence.
The reportalso examined whether Farani could be rehabilitated if sentenced to shorter juvenile punishment times, which mandate release from confinement by age 21. If he is convicted as an adult, the now 17-year-old Farani could be sentenced to 15 years to life in prison.
The appeals judgesnevertheless conceded there may have been enough admissible evidence to try Farani as an adult, and told Valdez torethink the certification issue under the stricter rules of evidence.
Assistant Attorney General Christine Soltis said Thursday there is plenty of other evidence to support the decision to try Farani as an adult.
"Based on what the juvenile court considered and said during the hearing, it's the state's assumption that there was an abundance of admissible evidence that would support the certification and the court would reach the same conclusion," she said.
Farani is charged with aggravated murder, two counts of aggravated kidnapping and five counts of aggravated robbery, all first-degree felonies.
Prosecutors say that on Feb. 6, 2009, Farani was with three older gang members who kidnapped another man, 19-year-old Gregory Brown.
Brown claims he was told that if he was able to get $2,000 by the end of the night through robberies, they wouldn't kill him. According to Brown said he called Brandstatt, who agreed to meet the group with the address of a gang member they could rob.
When Brandstatt arrived, he was wearing a red T-shirt and red shoelaces, indicating a connection to Norteño gang members. Farani allegedly said, "Let's just finish off this Norte."
The group drove to a West Valley City golf course, where Farani allegedly shot and killed Brandstatt. Driving away from the body, the group then forced Brown to rob three convenience stores with a pellet gun.
Police say Farani confessed to the crime during a videotaped interview with West Valley City police, according to prior court testimony. The teen said he was high on marijuana and pressured to pull the trigger by 20-year-old Spencer Isaiah Cater, who allegedly believed the victim "knew too much."
All four were arrested, and two others — 27-year-old Jeremiah "Jay" Ha'k Williamson and 21-year-old Shardise "Kaiso" Malaga — have pleaded guilty and were sentenced to 15 years in prison. Cater was convicted last week on aggravated kidnapping and robbery charges and will be sentenced in February.
lwhitehurst@sltrib.com Twitter: @lwhitehurst