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Sentencing delayed for man charged in connection with Midvale triple murder

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Posted at 5:02 PM, Nov 25, 2013
and last updated 2013-11-26 00:21:44-05

WEST JORDAN -- The families of Danielle Lucero, Shontay Young and Omar Jarman packed a courtroom to see the sentencing of the man charged in connection with their loved ones' murders.

They waited hours for the judge to hear other cases before Davis Fotu's case was called.

When he walked into the courtroom to face the judge, his lawyer announced a delay in the proceedings -- so Fotu could live up to his end of a plea bargain with prosecutors. Fotu is scheduled to testify against David Fresques, accused of gunning the three down inside a Midvale home earlier this year.

Fotu was charged with obstruction of justice; Fresques is charged with murder.

"He's always been cooperative with this matter," said Fotu's attorney, Rudy Bautista. "He's not involved, he was never accused or suspected of being involved in the murder itself."

If he testifies against Fresques, prosecutors have agreed to only seek probation as a sentence for Fotu. It's a sentence that has outraged relatives of the murder victims.

"I think that he, in my opinion, knew more than what he's being charged with," Cathy Candelaria, Omar Jarman's sister, told FOX 13.

"I guess what it comes down to at the end of the day is we're going to have to accept whatever we're given. We don't have any choice in that, which is really sad because our loved ones were left with no choice."

Danielle Lucero's father, Andy Lucero, also disagreed with the deal Fotu struck. He sat in court, wearing a T-shirt with her picture on the back.

"I really don't like it," he said. "I've felt he should be charged just right along with the other defendant. They walked through the same door, the same vehicle, they knew each other's thoughts."

Bautista insisted that his client would do jail time. He faces three years in jail on unrelated charges. Fotu is now scheduled to be sentenced Feb. 21.

Shontay Young's brother, Sean, left court telling reporters that "patience is a virtue," but also hoping for a speedy trial for Fresques.

"I just want justice for Shontay, for Omar and for Danielle," he said.