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By Myrna Trauntvein
TN Correspondent

After two days of information being presented at a justification hearing, Troy Pexton, 57, Nephi was released from jail on a $10,000 bond when Fourth District Court Judge Anthony Howell dismissed the murder charge Pexton was facing.

The judge’s ruling was given on Tuesday. The justification hearing is new to the State of Utah and was put into effect by the Utah State Legislature last spring.

Still pending is a pretrial conference for August 10, at 8:30 a.m. in Fourth District Court in Nephi for abuse or desecration of a human body.

On August 2 and 3, the case against Pexton was presented by prosecuting attorneys representing the state: Perry Davis, senior deputy county attorney, Ryan Peters, county attorney, and Laurel Hanks. Pexton’s defense attorneys, Michael Petro and Leah Aston, presented in his behalf.

“Pexton’s actions are all consistent with innocent behavior,” said Howell on Tuesday morning.

He would much have preferred a jury trial, said Howell. He also said that his findings could be appealed and that he would be grateful for that review.

The new justification hearing, 76-2-309, covers the justified use of force and pertains to an individual who uses or threatens to use force as permitted in several sections of the law which justifies that conduct.

The law put in place May 5, 2020, by the Legislature states that the pretrial justification hearing process, “upon motion of the defendant filed in accordance with Rule 12 of the Utah Rules of Criminal Procedure, the court shall hear evidence on the issue of justification under this section and shall determine as a matter of fact and law whether the defendant was justified in the use or threatened use of force.”

Howell said that at the pretrial justification hearing, after the defendant makes a prima facie claim of justification, the state has the burden to prove by clear and convincing evidence that the defendant’s use or threatened use of force was not justified.

“The state did not present clear and convincing evidence,” said Howell.

If the court determines that the state has not met the state’s burden described, the court is to dismiss the charge with prejudice.

“The state may appeal a court’s order dismissing a charge,” said Howell.

Howell reviewed the information that he had incorporated in his findings stating that on November 27, 2020, several friends had gone to the West Desert and had visited several historic sites

.“In the early afternoon, one vehicle returned to Nephi,” said Howell.

Pexton, Blackett and Caussey remained behind and continued traveling together. They arrived at a pass in the West Desert and then the problem between the friends occurred.

At that point, Scott Blackett, 41, was struck in the head forcefully by Caussey, 56. Caussey was reported to be in the front passenger seat and Blackett was in the backseat, said Howell. Pexton was the driver. It was reported that Blackett asked why Caussey had struck him. Caussey kept striking Blackett.

Howell said that Blackett remembered being in the truck and being covered in blood.

“That would be consistent with the evidence that Caussey was over the backseat of the truck when he was shot,” said Howell. “There was one shot to the head.”

At his first appearance at Central Valley Medical Center, Blackett was treated and then told to see his primary physician, and to return to the hospital if his condition worsened. Later, another physician reviewed the medical record and ordered radiology. The finding of that medical report was that Blackett suffered traumatic brain damage and a fracture of the spine that required a fusion of the vertebrae. He also may have suffered temporary amnesia.

Caussey was a large man, reported to weigh 200 pounds and was 6-foot 1-inches tall.

“Mr. Caussey was highly intoxicated,” said Howell.

In addition, his toxicology report indicated he had used drugs at some point. According to doctors, said Howell, the high level of alcohol in his blood stream would have been consistent with violent behavior.

“There was no evidence that Mr. Pexton had been drinking,” said Howell.

There were things that Howell did not know. He did not know if Pexton had warned Caussey to stop, he did not know if he had tried to physically get him to stop, he did not know what had happened.

He did not know why Blackett was not taken to the hospital nearer the scene to begin with, or even to the one in Nephi. Why had Caussey’s body been left in the desert? Why wasn’t 911 called?

“We are mindful that there is only one available witness to what happened,” said Howell.

At a justification hearing, he said, the prosecution must present clear and convincing evidence. The state had been asked what force Pexton was initialed to use to defend his friend.

Utah law states that the use of force “intended or likely to cause death or serious bodily injury” is justified when a person “reasonably believes that force is necessary to prevent death or serious bodily injury” either to that person, or to another.

Pexton was also not required to defend himself in court.

Howell said that he had a few restrictions as to terms of bail that Pexton must follow: refrain from drug and alcohol use and avoid those using alcohol or drugs, not possessing any weapons and staying away from any of Caussey’s family or relatives.

Three years ago, when he took the job of judge, said Howell, he had no idea that suffering and struggle would be part of the job.

“I think I am supposed to struggle and I think I am supposed to suffer,” he said. “I think it is part of the job.”

He was aware that everyone involved with the case was suffering. However, he wanted all of those involved to know that he did care about them as he made his decisions.

“None of this is about me,” he said.

He said that 50 percent of the people involved would be unhappy with his decision. One third of the people would go home and think he had done a good job and the others would go home and think he was a moron.

“I care about doing the right thing,” said Howell.