Utah teen is not competent to stand trial in killing of 12-year-old girl, judge rules

A Utah juvenile court judge ruled Friday that a now-17-year-old West Valley City boy is not competent to stand trial in the sexual assault and killing of his 12-year-old neighbor.

The judge's announcement came after five days of a closed-door competency hearing, where 10 witnesses — including three mental health experts — weighed in on whether the boy understood the charges filed against him and could aid in his defense.

The teen is charged with aggravated murder and rape of a child in the July 2015 death of Kailey Vijil.

Third District Juvenile Court Judge James Michie said the teen defendant suffers from "more than one" mental disorder or intellectual disability that has affected his ability to understand and participate in the court process.

"Because of this, the minor suffers from specific limitations and deficits which are real, and in some cases, significant," the judge said.

With this ruling, the criminal case has come to a halt. But the judge said it's possible the boy's competency can be restored, and wanted to establish a six-month attainment plan. He set a Jan. 17 hearing where attorneys can argue where the boy will be held as state officials try to restore his competency.

During Friday's hearing, the brown-haired teen was solemn and silent. He looked forward, blinking rapidly, as the judge read his ruling.

The courtroom was packed with family members of both the accused and Vijil, who sat in silence before the ruling was read. As the judge declared the boy not competent, one man in Vijil's family uttered a profanity and shook his head.

Vijil's family was "extremely disappointed" with the decision, said attorney Spencer Banks.

"They are optimistic that justice for Kailey will be served eventually," he said outside of court. "It's just delayed. They are looking at this as a bump in the road."

Banks said Vijil's mother had braced herself for the not-competent ruling, but the rest of the girl's family was shocked. He said they disagreed with, but respected, the judge's decision.

"Considering the decisions that he had to make in carrying this out, it's hard to understand how he can't be deemed competent," Banks said.

As the criminal case focused on the boy and his competency for the last year and a half, Banks said Vijil's family feel as if the girl has been forgotten. She is remembered by her family as a young girl who loved animals, Banks said, who helped others and enjoyed playing with costumes with her father.

"They just want everyone to remember they lost this completely innocent girl," he said.

Prosecutors and defense attorneys declined to comment after the hearing.

Defense attorneys questioned the boy's competency since his first court hearing last year, telling the judge that he was "confused" and didn't understand what was going on.

The three mental health experts who evaluated the teen, Michie said, had opinions that varied, "as did their conclusions."

Prosecutors have said they want the boy to face the charges in adult court. Michie can't rule on that, however, until the boy is competent and another hearing is held where the judge will assess the case evidence and consider the severity of the alleged crimes, community safety, the teen's psychological records, family history and rehabilitation needs.

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 a half-mile from her family's home.

Police say the boy lured Vijil from her home just before midnight on July 16, claiming he needed help looking for a lost cat.

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 years old 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.

jmiller@sltrib.com

Twitter: jm_miller