Ricky Angilau, who was just 16 when he fired a gun during a fight and killed an onlooker, will wait three years to get a hearing before the Utah Board of Pardons and Parole.
In an administrative review of the case, the board set Angilau's original hearing for Sept. 1, 2015. It also denied him credit for time served.
In September, a 3rd District Court judge sentenced Angilau, now 19, to serve up to five years in prison. Angilau was initially charged as a juvenile and then as an adult in the shooting death, which occurred on Jan. 21, 2009.
Angilau had agreed to meet Erik Flores, a fellow classmate at Kearns High School, off campus to fight. Esteban Saidi, 16, was among a group of people who gathered to watch the brawl.
After fighting for about five minutes, Flores walked away the apparent winner. Lolo Mataele, Angilau's friend, then began fighting with Flores. As some alleged gang members stepped forward, Angilau pulled out a gun and fired into the air.
The crowd momentarily dispersed, but then began walking back toward Angilau. He then fired two or three shots to the side of the crowd in hopes of scaring them off, Mataele testified in a 2011 court hearing. He fired a final shot up and away from Flores, which struck Saidi. Defense attorney Ron Yengich, who represented Angilau during his trial, said it was clear his client never intended to injure or kill Saidi.
Prosecutors originally charged Angilau with first-degree felony murder, but the charge was reduced to third-degree felony manslaughter as part of a plea deal.