Utah teen accused of assaulting and killing 12-year-old neighbor girl is now competent to stand trial, judge says

“She was innocent.”

It’s the first words that Orlando Vijil used to describe his 12-year-old daughter, Kailey, who died more than two years ago after authorities believe her neighbor, a 16-year-old boy, strangled her after luring her from her West Valley City home under the guise of looking for a lost cat.

She loved animals, her father said Friday, and was a generous and giving little girl.

Wearing a white T-shirt printed with his young daughter’s photo, Vijil said he hopes for justice for his daughter, and that the boy accused of killing her will stand trial in adult court.

And after a juvenile judge Friday ruled that the accused boy is now competent for the case against him to proceed, Vijil is one step closer to getting what he and his family wants.

The teen is charged in juvenile court with aggravated murder and rape of a child in Kailey’s July 2015 death.

But the case has been at a virtual stand-still since he was charged in 2015, after defense attorneys raised concerns that he was confused and didn’t understand what was happening.

Third District Juvenile Court Judge James Michie ruled in December 2016 that the boy was not competent, but found it was possible he could be restored. Since then, the teenager has received education and services from the states’ Department of Human Services.

On Friday, after two days of closed-door hearings about the boy’s mental state, Michie changed his determination, finding that the boy is now competent for the case to move forward.

Michie on Friday read his ruling from the bench, saying the teen defendant suffers from “more than one” mental disorder or intellectual disability. But the judge ruled that the boy now has enough understanding of the court process and can aid in his own defense, and therefore is competent for trial.

“I’ve made an important decision,” Michie said, addressing the teen. “You understand enough about what’s going on to proceed with the next step.”

That next step will be a preliminary hearing, where prosecutors will present evidence and Michie will decide if there is enough evidence for the case to move forward. If the judge rules the case will proceed, he will then hear more evidence about the boy before deciding whether the case should remain in the juvenile system or whether he should go to trial in adult court.

If convicted of the crimes in the juvenile court, the teen faces a maximum penalty of a stay in a juvenile detention facility until the age of 21. If the case is moved to the adult court, he could face a maximum penalty of up to life in prison.

The boy will be back in court Dec. 5 for a scheduling hearing.

Vijil was found dead about 1:30 a.m. on July 17, 2015, in an overgrown horse pasture near 3600 South and 5200 West, about 1/2 mile from her family’s home.

Officers found Vijil “lying in the field with a shirt wrapped around her neck,” charges state. A medical examiner later determined the girl died from strangulation.

Court documents say a medical examiner also found the girl had been sexually assaulted and that DNA found on her body matched DNA samples from the defendant, who was 16 at the time of Vijil’s death.

The boy has been held in a juvenile detention facility since then. The Salt Lake Tribune generally does not identify juvenile defendants unless they have been certified to stand trial in adult court.