A judge has upheld prosecutors' decision to upgrade manslaughter charges to murder charges for a man accused of causing a crash that killed two 3-year-old boys who were playing in an Eagle Mountain corral.
PROVO — A judge has upheld prosecutors' decision to upgrade manslaughter charges to murder charges for a man accused of causing a crash that killed two 3-year-old boys who were playing in an Eagle Mountain corral.
Fourth District Judge Robert Lund said it is the prerogative of prosecuting attorneys to decide which charges to file, but warned deputy Utah County attorney Ryan McBride that the change in charges could potentially create issues on appeal. He also accused prosecutors of withholding evidence, saying he received a new report on Feb. 17, 2023, indicating Barlow was going 123 mph before the crash — a significant variation from the last report indicating his speed was between 80 mph and 100 mph. Aldana called the new information an "ambush."
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