Judge gives Utah murderer ‘sliver of hope’ with small chance of parole

A Utah man was sentenced to 25 years to life in prison Thursday for fatally shooting another man during an attempted drug-deal rip-off three years ago.

The sentence gave him a glimmer of hope that he might one day walk out of prison a free man.

“It appears to me that the defendant did not go into this with the intent to kill,” said 3rd District Judge Keith Kelly. “He came into it with the intent to rob.”

Jeremiah Ray Hart was found guilty of aggravated murder, a first-degree felony, in October. On Thursday, Kelly chose between a prison sentence of life without parole sentence or 25 years to life.

Kelly said life without parole is often reserved for a premeditated aggravated murder. In Hart’s case, the situation escalated during a drug deal.

According to court testimony, Hart, 45, and co-defendant Erick Eugene Burwell, 39, set up a drug deal with 24-year-old Christian Lance McDonald of West Valley City and his brother Richard McDonald on Jan. 24, 2015.

Hart and Burwell, who went by the street names “Bullet” and “Little Devil” respectively, were planning to rob the McDonald brothers. They had executed a similar scheme six weeks earlier, according to court testimony.

Burwell drove with Hart to meet the brothers in a mall parking lot at 1300 East and 2100 South after saying they had interest in purchasing 5 pounds of marijuana.

The McDonalds got into the car, and Burwell drove a short distance to Parkway Avenue, a residential street.

Christian McDonald was in the front passenger seat. Hart sat behind him, and Richard McDonald was in the back driver-side seat. As soon as Burwell pulled over, Hart pulled out a gun and pressed it against Christian McDonald’s chest.

Christian McDonald pulled his own gun, swung around and fired at Hart.

“It was a quick motion,” Burwell testified.

The two fired a round each, but it was not clear who shot first, according to trial testimony. Hart’s shot was point-blank against Christian McDonald’s chest.

Hart and Christian McDonald bailed from the car, and Burwell drove off.

Burwell took a plea deal for manslaughter and robbery, and he was sentenced to two concurrent terms of one to 15 years in prison.

Christian McDonald was found lying in the park strip along the street near 1230 East on Parkway Ave. He was transported to a hospital and pronounced dead.

“He literally leaves his victim in a gutter to die,” Nathan Evershed, deputy Salt Lake County district attorney, told Kelly while advocating for a sentence of life without parole.

Hart went to a hospital that night with gunshot wounds on his face and neck. He said he had been shot by someone who approached him in a park.

During sentencing, three of Christian McDonald’s sisters gave statements. All were strongly critical of Hart and advocated for him to remain in prison until he dies.

“I don’t think you have what it takes to contribute anything to society,” Amanda Darger, the McDonalds’ sister, said during sentencing.

Evershed brought up Hart’s lengthy criminal history, which goes back to 1991 with the only real break coming while serving a prison sentence for racketeering. He is also believed to be the leader of the Black Mafia Gangsters, Evershed said.

“That is who we are dealing with,” Evershed said. “Someone whose moniker is ‘Bullet’ and executed a young man.”

But defense attorney Shane Johnson said everyone in that car holds some blame for what happened.

Johnson argued that even if Hart got the 25-to-life sentence, he likely would never leave prison. In February 2015, Hart was pulled over and arrested on suspicion of killing Christian McDonald. He was on parole at the time and had a gun and drug paraphernalia, police say. He was sent back to prison.

Johnson said Hart’s new prison term, which will be consecutive to his current term, won’t kick in until 2026. Hart received two one- to 15-year consecutive prison terms, one for obstruction of justice and one for illegal possession of a firearm Thursday.

The sentencing guidelines suggest that the parole board wouldn’t review Hart’s term for at least 37 years, Johnson said.

Each year in prison is harder than a year on the outside, Johnson said, and he likely would not live that long.

“But Mr. Hart wants that sliver of hope,” Johnson said.

Kelly inevitably agreed that the situation warranted a chance at parole.