This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
The charges against a Millard County man accused of causing the 2013 death of his estranged wife have been reduced, though his defense attorney still seeks to have the case dismissed.
Lee J. McIntyre, 62, was originally charged in May 2015 in 4th District Court with manslaughter, a second degree felony.
But prior to a June 30 preliminary hearing, prosecutors filed an amended information reducing the charge to a lesser count of negligent homicide, a class A misdemeanor punishable by up to one year in jail. McIntyre is also charged with class A misdemeanor tampering with evidence.
After hearing evidence at the hearing, Judge Jennifer Brown requested that both sides submit briefs regarding whether McIntyre's "underlying action" was illegal.
He is accused of causing the death of 58-year-old Janet McIntyre on Oct. 18, 2013, by providing her with a bottle of vodka within a week of her death despite knowing she was advised not to drink alcohol because of restrictions with prescribed medications, according to court documents.
Additionally, McIntyre allegedly told investigators that after Janet McIntyre's death, he took the empty vodka bottle to a nearby gas station to throw it away.
In a brief filed July 6, McIntyre's defense attorney argues for the court to dismiss the case because providing alcohol to a consenting and "competent" adult is not illegal. The brief states that there was "neither any trickery, nor compulsion by him" pushing Janet McIntyre to drink and he cannot be held liable for her decision.
"A tragedy took place, but the law does not provide a remedy for every tragic situation, and this is one of those," the brief reads. "McIntyre has been put through hell for allegedly doing something legal: providing a legal substance to a sober adult."
In their response, prosecutors maintain the action that causes death in negligent homicide does not have to be illegal, such as someone who kills a pedestrian while driving a car.
"[McIntyre's] conduct became illegal and wrongful, however, in light of his failure to perceive a substantial and unjustifiable risk that his otherwise legal conduct would result in Janet's death," the prosecution brief states.
Prosecutors say McIntyre providing Janet McIntyre with alcohol is a chargeable offense because he knew it posed a danger to her health. They ask that both charges in the case be bound over for trial. The judge's ruling is pending.
A medical examiner determined that Janet McIntyre's death was due, in part, to alcohol and prescription drug toxicity. McIntyre was arrested on Nov. 24, 2015.
Twitter: @CourtneyLTanner