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Ogden • A 17-year-old girl accused of purposely crashing into a car last year and killing its two occupants is working to resolve the case, attorneys said Tuesday.
Marilee Patricia Gardner is charged as an adult in Ogden's 2nd District Court with two counts of first-degree felony murder and third-degree felony counts of failure to stop at the command of police and leaving the scene of a fatal accident. If convicted of either murder charge, she faces a mandatory 15-year-to-life prison term.
But prosecutors and defense attorneys said they are working toward a settlement that would resolve one charge in adult court and one charge in juvenile court. Attorneys declined to say which charges they were discussing.
Deputy Weber County Attorney Branden Miles said the victims' families are supportive of the proposal. He thinks the resolution would protect society and bring justice in the case, as well as provide treatment for Gardner.
Defense attorney Tara Isaacson said she hopes the deal will allow Gardner the benefit of juvenile services for as long as possible. The teen's family members — who understand that "this is a terrible tragedy" — also are in favor of the proposed deal, she said.
Another hearing was set for Aug. 2 before Judge W. Brent West.
Under state law, the cases of minors who are 16 or older and charged with murder are automatically sent to adult court. Had the case been handled in juvenile court, Gardner could have been kept in a secure facility only until she reached the age of 21.
The defense wanted the matter handled in juvenile court, arguing the law violates both the Utah Constitution and the U.S. Constitution. However, West sided with the prosecution argument that the Utah Supreme Court had previously decided the issue and left the case in adult court.
Just after midnight on June 30, Gardner, then 16, is accused of driving about 100 mph in a 45 mph zone when she rear-ended a sedan with her SUV. The impact sent the car into a traffic signal pole near 6000 South and 3500 West in Roy.
Maddison Haan, 20, who was driving the car, died at the scene, according to charging documents. Her passenger, Tyler Christianson, 19, was taken to a local hospital, where he died from his injuries.
After she was arrested, Gardner allegedly told officers the crash was an attempt to kill herself.
The teen had stolen her parents' SUV earlier in the evening, according to charging documents. The documents say Gardner has a history of being suicidal.
The Salt Lake Tribune does not typically identify juvenile suspects, unless they are charged in adult court, as Gardner has been.
Jocelyn Castillo, Haan's mother, said after the hearing that the proposed resolution has not brought her any closure or comfort yet, but hopes it will in time.
Twitter: @PamelaMansonSLC