If convicted, could the alleged Tremonton shooter face the death penalty? Lawyer weighs in

TREMONTON, Utah (ABC4) — A legal expert broke down the case of the man suspected of killing two Tremonton police officers and injuring another, discussing whether he could face the death penalty.

On Sunday, police officers responded to a domestic violence call in Tremonton, and Sgt. Lee Sorensen and Officer Eric Estrada were shot and killed.

Deputy Mike Allred of Box Elder County Sherrif’s Office and his K9 Azula were seriously injured, but they are expected to recover.

Following the shooting, Ryan Bate, 32, was arrested on two counts of aggravated murder (capital felony), attempted aggravated murder (first-degree felony), and assault (class-B misdemeanor). However, formal charges have not been filed yet, as prosecutors are considering the case.

If Bate is charged with aggravated murder and convicted for it, he could face the death penalty. As formal charges have not been filed yet, this is all still hypothetical, but it is a real possibility.

One possible reason charges haven’t been filed yet is because another officer was injured and survived, Utah attorney Clayton Simms said. “The prosecutor may delay filing charges to determine if that officer heals up. We hope that that officer is okay and heals up, but the extent of their permanent injuries is not known yet.”

According to Simms, another possible reason for the delay in charges being filed is that they are working to get Bate an attorney, likely a public defender, and that public defender would need to be qualified for death penalty cases and have the time to take on that case.

Aggravated murder is a capital charge, which means that it qualifies for the death penalty. Beyond that, killing a police officer can qualify for the death penalty as well.

Simms explained, “If you kill a law enforcement officer, a police officer, you can face the death penalty in Utah. If it’s a death when you’re trying to escape custody, if it’s particularly cruel, then you can face the death penalty in Utah. That’s what prosecutors are looking at.”

One factor in deciding whether someone gets the death penalty is if another crime was being committed at the same time, Simms said. Bate was also arrested for allegedly assaulting his partner in a domestic violence incident, which is the initial call that police responded to.

“If you’re trying to escape from that situation or injure a witness in that particular case, then you can face the death penalty,” Simms explained.

He also said that the death of multiple people and the death of a police officer are other factors in determining the death penalty, both of which apply in this case.

Over the past few decades, over 200 people have been charged with the death penalty in the state of Utah, Simms said. “Now, the number of executions that happen is very low,” he explained. “Last two years, two people have been executed, so it’s rare that people are actually executed through the death penalty.”