ENOCH, Utah — The last defendant in a January drive-by shooting that killed a 17-year-old girl appeared in court as prosecutors argued he should face murder charges despite not being present during the attack.
Matthew Sorber-Petrie, 23, faced a preliminary hearing on first-degree murder, weapons and obstruction charges in connection with the January 17 shooting death of KayLee Dutton. Another teen passenger was wounded but recovered.
Authorities allege that while Sorber-Petrie stayed behind during the shooting, he knew of the plan to chase down and shoot at the victims' vehicle. Prosecutors say his AR-15 was the murder weapon used in the attack.
Parents share why 'Fly High' was perfect motto for Iron County teen killed in drive-by shooting
Judge Meb Anderson ruled that a trial can proceed on the second-degree obstruction charge but said he needs more time to consider the murder and weapons charges. He will issue a written ruling at a later date.
"A person who does not pull the trigger can still be guilty of murder if he solicits, encourages, commands, or intentionally aims another," Iron County Attorney Chad Dotson said. "That is exactly what happened here."
Iron County Detective Brandon Kennedy testified that a co-worker told him Sorber-Petrie had made statements before the shooting indicating he planned to confront Dutton.
"The night of the incident the defendant actually made the statement that if she was not going to see him tomorrow at work, because he would either be in jail or dead," Kennedy said. "He stated that he was going to go out to the desert and confront his stalker."
Kennedy said after the shooting, Sorber-Petrie "came back to work, acted as if everything was okay and made the statement that he had gotten the best sleep he had in months."
About 20 family members, friends and supporters of the victims filled the courtroom wearing black "Fly High KayLee" shirts during the hearing.
Three other defendants in the case have already pleaded guilty. Shooter Ethan Andrew Galloway and driver Michael Hess-Witucki face five years to life in prison and will be sentenced September 5. A fourth defendant who also stayed behind pleaded guilty and received three years probation.
Sorber-Petrie's public defender Steven Nielsen told Fox 13 his client's case is different from the others who pleaded guilty.
"The most relevant point is that he was not at the scene, just as it was heard today in court," Nielsen said. "That's our position is that he wasn't at the scene and so his case is different than the other two that have pled guilty to the murder charges."
During the hearing, prosecutors played the 911 call made by the surviving teen passenger after the shooting. The audio left family members in tears while Sorber-Petrie looked down. A bailiff was also seen shedding a tear.
In the call, the teenager who was also shot was heard screaming KayLee's name and said she wasn't breathing. She said both were shot and KayLee was shot in the head. The dispatcher aided her in performing CPR, with the counting of "1, 2, 3, 4" reverberating through the courtroom.
"I think just as an objective viewpoint it's difficult to listen to," Nielsen said. "But this is an argument about the letter of the law to try to separate the emotion. But of course, as a father and as an uncle, it's very difficult to hear."
The only words Sorber-Petrie spoke during the hearing were three "yes, your honors" when Judge Anderson asked if he waived his right not to testify.
