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By Myrna Trauntvein
TN Correspondent

Fourth District Court Judge Anthony Howell denied bail for Troy James Pexton who has been held in the Juab County Jail since November 2020.

The proceedings were held in Juab County via Webex.

Pexton, who at the time of arrest was age 56, is charged in 4th District Court with murder, a first-degree felony, and abuse or desecration of a dead body, a third-degree felony.

Prosecuting attorneys are Perry Davis, Ryan Peters, Laurel Hanks, and Craig Peterson. Defense attorneys are Leah Aston and Michael Petro.

In addition to a trial date, a new type of hearing, called a Justification Hearing, was scheduled prior to the trial. At the pretrial justification hearing, after the defendant makes a prima facie claim of justification, the prosecution has the burden to prove by clear and convincing evidence that the defendant’s use or threatened use of force was not justified.

“We will need to be in person,” said Peterson.

Aston, the attorney representing Pexton, said that it would take the defense a full half day to present and, though they had other court hearings set, they would “struggle” with the day.

The hearing, will be held in Nephi at 1 p.m. on August 2 before Judge Howell.

The trial is to be held in Provo beginning August 24 and continues through September 3. It will be held at the Provo Courthouse since a change of venue request by the prosecution was granted earlier.

“The bail statute changed in May,” said Howell.

However, he stated, it was agreed by all parties that they all would continue with the statute that was in place in December when Pexton first appeared in court.

Aston said that the judge in setting bail must hold to the standard of “clear and convincing evidence.”

She said that Pexton was willing to do all that may be required of the court to insure that he would not be a problem as far as fleeing was concerned, or be a danger to himself or others.

“He has deep ties in the community,” said Aston. “He has no history of not showing up.”

In addition, she said, he was willing to wear a GPS ankle monitor, to have a bail of $100,000, to not be around alcohol and to obey any other court-imposed conditions.

Aston said that all persons accused of crime were to be considered innocent until proven guilty. There were also certain standards that the court should follow.

There was “no patent of behavior” that would lead the court to consider that he was a risk of flight, a list of those people who felt vulnerable could be given, and Pexton could be kept a certain specified distance from them.

“The state’s position is the same,” said Peterson, one of the prosecution attorneys. “This was a grievous and heinous crime.”

He said Pexton would not cooperate with police in finding the victim’s, Michael Caussey, body, that the death was hushed until a friend reported it, that his friend who was reportedly injured by Caussey did not seek medical help until police showed up and that his family tried to influence the members of the community in favor of Pexton.

Peterson said that Pexton should still be considered a risk.

Hanks, the attorney representing the Caussey family, asked for time for two victims to speak: Andrea Caussey, wife of Michael Caussey, and Kathy Roberts, M. Caussey’s mother.

Andrea Caussey said that Pexton had been in their lives in the past. He knew their business location and they were in fear of him. If he were to be released, she would live in more fear.

Roberts said that they were all astonished that he would be considered for bail. The family was still devastated and that her son’s boys were still suffering.

She said that Pexton knew all the Caussey family ties and that he had refused to show police where he had dumped M. Caussey.

“He has never shown remorse,” said Roberts.

Howell said that he had been told by the court of appeals that he had not listed his reasons for deciding against bail. He disliked doing so because of how some might construe that and there was the presumption of innocence to consider.

Howell cited 2010 Utah Code, Title 77--Utah Code of Criminal Procedure

Chapter 20--Bail, 77-20-1--Right to bail--Denial of bail--Hearing.

He referred to subsection c, that refers to a “felony when there is substantial evidence to support the charge and the court finds by clear and convincing evidence that the person would constitute a substantial danger to any other person or to the community, or is likely to flee the jurisdiction of the court, if released on bail.”

Howell listed, among his several reasons for denying bail, that Pexton had been on the West Desert with friends and, at some point, ended up with two friends.

“Two friends got into some sort of fight,” he said.

Caussey was shot and his body was discarded.

“There was no evidence that Caussey was carrying a weapon,” said Howell.

He said it would be the jury’s responsibility to arrive at a verdict but regardless of Pexton’s lack of criminal history, Howell thought the state had presented substantial evidence to support the charges.

On November 27, 2020, according to charging documents, police said that Pexton was driving his truck with Michael Caussey, 50, of Santaquin, and Scott Blackett, 41, of Nephi, in a remote location of Juab County when Caussey began hitting Blackett in the head. Pexton reacted by pulling out his gun and shooting Caussey in the head, killing him.