Preliminary hearings of teens charged after school parking lot homicide are postponed
Published at | Updated atIDAHO FALLS – Two teens appeared in court Friday following a homicide in the Compass Academy parking lot on Feb. 12.
Taylor Aughenbaugh, 18, has been charged with two counts of felony aggravated battery.
Gabriel Perkins, 19, is charged with felony second-degree murder, felony aggravated battery using a deadly weapon or instrument, felony leaving the scene of an accident resulting in an injury or death, and two felony enhancements for the use of a deadly weapon in the commission of a felony.
According to a probable cause affidavit, Perkins is accused of shooting and killing 25-year-old Alexander Barber.
Both Aughenbaugh and Perkins agreed to postpone their preliminary hearings to allow for more time for evidence to be collected to be presented. Aughenbaugh is scheduled to appear on March 8 at 9 a.m, and Perkins is expected to appear the same day at 1 p.m.
Aughenbaugh
During Aughenbaugh’s hearing, his lawyer, John Malek, argued for a decrease in the $100,000 bond he was given in the case.
Bonneville County Prosecutor Randy Neal argued against decreasing the bond due to the seriousness of the case.
“There was an individual who was shot in the leg, and there was an individual who was shot in the back — it went through his chest. Both, fortunately, are recovering from those injuries. This particular melee involving the defendant did result in another weapon being used,” said Neal. “We have an individual that was ran over by a vehicle. Given the particular circumstances of this case, the amount of bond that was set originally should not be disturbed.”
Malek said there was no evidence that his client was driving or ran anybody over.
“I’m not even sure the evidence will point to my client being the individual who shot another individual in the leg or chest,” said Malek.
Neal interrupted to clarify, saying he did not mean to imply that Aughenbaugh was driving a vehicle.
Magistrate Judge Wiley Dennert denied the request, keeping Aughenbaugh’s bond at $100,000.
Perkins
During Perkins’ hearing, his preliminary hearing was also rescheduled, and his attorney, Jordan Crane, told the court they would be arguing for a decreased bond from $300,000 or release from jail, at the next hearing.
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Crane also asked that Perkins’ preliminary hearing not be held on the same day as Aughenbaugh’s as Perkins is “a victim.”
“Mr. Perkins is more of a victim of Mr. Aughenbaugh than a co-defendant,” said Crane. “So we feel it would be appropriate to have separate preliminary hearings.”
If convicted, Perkins could face life in prison, and Aughenbaugh could face up to 45 years in prison.
Though Aughenbaugh and Perkins have been charged with these crimes, it does not necessarily mean they committed them. Everyone is presumed innocent until they are proven guilty.