CEDAR CITY — Criminal defense attorney Greg Skordas asked a 5th District Judge Tuesday to dismiss at least one charge of aggravated attempted murder against his client, Grant Louis Biedermann.
Biedermann, 43, is on trial for allegedly firing a 40-caliber assault rifle at two Iron County sheriff’s deputies in 2013. Deputy Kellen Hudson was injured during the incident when a bullet hit him below his bulletproof vest and above his belt.
According to charging documents, officers were dispatched to Kanarraville Dec. 13 on reports of a suicidal subject. A video played to the jury Monday showed when deputies arrived on scene Biedermann opened fire.
Biedermann is charged with two counts of aggravated attempted murder, both first-degree felonies. He also faces a class B misdemeanor charge for carrying a dangerous weapon while under the influence of drugs and alcohol.
Following nearly seven hours of testimony Tuesday, Skordas made a motion asking Judge James L. Shumate to dismiss the felony charges against his client.
Skordas argued that if not both charges, at least one should be dismissed since the state failed to show Biedermann intended to kill Cpl. Jeff Humphries, the other sheriff’s deputy on scene during the incident.
Iron County Attorney Scott Garrett, however, argued testimony given by forensic expert Mickelle Croft Tuesday revealed that the evidence showed 40-caliber bullets had riddled Hudson’s truck and the deputy was behind it during that time.
Likewise, Garrett said Croft testified that the bullet holes in Humphries’ truck, specifically the one through the passenger front door, were shot in the deputy’s direction. Garrett also reminded the judge about Monday’s testimony where Humphries testified he saw Biedermann point the rifle directly at him and that the defendant was firing his weapon toward him.
Garrett said he felt it should be up to the jury to determine what Biedermann’s intent was and that there was enough evidence to take the case forward.
Shumate said he recalled the testimony of each deputy sheriff and how they described hearing the bullets whizzing by them. He also pointed to Croft’s testimony that the investigation had accounted for three rounds of 40-caliber shell casings, one that could have hit Hudson.
The judge denied Skordas’ motion, saying for those reasons he felt there was enough evidence for the jury to make a decision in the case.
The trial resumes Wednesday morning when the defense will have a chance to present witnesses.
Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.