He he disregards societal norms and he suffers from some mental health issues which ultimately create a a medium level. You're I I don't believe that based upon the summary provided here that he would fall in a medium category. I would believe he would fall in a low risk. I I don't believe that any part of this equals a medium risk category. Your honor, additionally, I would go to page three when it talks about companions. They've indicated the high level. Your honor, once again, in reading the the summary, I I don't understand how they've reached the high level risk here. They've indicated that he enjoys socializing with friends, going out to eat, assisting in automotive repairs, and getting engaging in general conversation about life. uh during favorable weather, goes outdoors, uh walking, fishing, camping, enjoys taking walks with friends. Your honor, the only thing that would show a companion level concerning Well, I I truthfully I don't even see where where he he comes across as a high risk under the companion. He the only people he's indicated that he doesn't associate with is those that were involved in this incident which was I didn't believe in the court. So your honor I believe he would fall low on that level of risk your honor. Additionally the criminal history they've indicated a medium criminal history if the court uh were to look at the uh criminal history that was provided on page seven I'm sorry eight of the pre-sentence report. Uh this breaks down into a total of four cases. One from 2010 which was a class B misdemeanor. A one from 2011 which was also a class B misdemeanor. Then there's this case in 2020. And then there is a possession of controlled substance case in 2025. All of the charges in that case being misdemeanor. Your honor, I don't know that the criminal history warrants a medium. Uh, your honor, there is four cases over the entire span of of his criminal history. I I believe that's low considering what I've seen in the past. Um, I believe that would constitute low, especially where most of these prior are misdemeanor and and the suspent cases are all misdemeanor level offenses. Um, we we then go to procriminal activity. Once again, they've reported high >> procriminal attitude. >> I'm sorry, attitude. Uh once again they've they've reported that as high in reading the summary that that indicates the procriminal attitude. It it indicates that he he reports he accepts responsibility for his actions, expresses remorse. He states he feels the court process may not have been fair, but reports that he believes his defense attorney did not adequately assist him, but he stated that at the end that he would be willing to participate in any recommended treatment. He said he feels more reversed remorse for the victims and fear his actions may have caused. Your honor, he's taking responsibility and other than this offense, he really does not have any sort of attitude towards committing crimes. This obviously this was a a major criminal episode, but at the end of the day, he is taking responsibility. he has a right to trial and your honor that the fact that he asserted his right to do the trial shouldn't be held against him saying that he's not taking accountability. He took accountability. He challenged the case. He went to trial on it. He fought the charges and ultimately based upon that he was convicted. Your honor, the next page indicates education and employment. And your honor, I think what they're what they're really looking at here as a level medium is his employment. And your honor, what the summary essentially indicates is that he was gainfully employed until these charges. After these charges, he indicates that he has experienced uh difficulty in obtaining a full-time employment due to the pending nature of the current case. No one's going to hire someone which is charged with the offenses in which he was charged with. He was still getting some part-time work here and there, and he was trying to do some mechanic stuff on the side. So he was engaging in some sort of employment trying to work but given the situation in which he was there was not a lot of options but instead of just sitting on his hands like we see a lot of individuals do he worked and tried to gain some employment in order to get things taken care of. Your honor, the the other indication here is this is also on page four under the leisure and recreation. They indicate um a high issue there. And once again, I was a little perplexed as to why uh the the summary of that is essenti well is the defendant reports he would go to University of Utah sporting events as a security member. He was not involved in any organized groups or activities, but he reports the biggest joy in his life was taking care of his dogs and helping people. So, your honor, I don't understand how that constitutes a high level of risk and and taking coupled with what he said on page two with I'm sorry, page three where he talks about his companionship and what he likes to do. I I don't understand the aggravating level of uh of those risks. So your honor, we would point out the inconsistencies there and we would um ask the court to find that each of those categories would be at least a lowle risk. >> Your honor, thank you. Thank you for uh reviewing uh extensively each of those areas of the report. Mr. Tom, I appreciate it. And then your honor, the other portion of this that that I would like to go over is as we get down to page 13 of this report, the aggravating and vindicating circumstances. This is form seven. There was nothing indicated in the aggravating circumstances. I think the court can can inference based upon the trial. There are some aggravating um situations here, but there is also zero mitigating circumstances. Your honor, I would like to point out the following mitigated circumstances. Your honor, he has voluntarily screened and doing classes in the Utah County Jail. Obviously, at this point, there's no specific sentence. There's nothing that's been required of him uh to do, and so he's done what he can, making errors, type classes, um and whatever else he can he can get at the jail. Your honor, uh number three of the mitigating individual has dep uh demonstrated compliance with all pre-trial conditions. Your honor, as as the court's well aware, he has been out of custody the vast majority of the life of this case. Um and and your honor, largely not cases until right at trial, which is also going to be briefed in the motion for new trial, your honor. Um and then finally, this is not um if the court looks at the individual's current living environment as stable and supportive of offense specific interventions and do not enable continued criminal and unlawful conduct. Your honor, he's indicated he doesn't associate with any anyone uh involved in this case. And then finally, your honor, as the court's well aware, there's a number of families uh members that are supporting him through this process. Uh, I think that should be a mitigating circumstance as well. So, your honor, as as far as the presentage report goes, those are my issues with it. If we could speak to the recommendation. >> Thank you again uh for that argument. And now, yes, uh, please go ahead and address the recommendation for the sentence now, Mr. Thomas. So your honor, pursuant to the code in which he was convicted, uh the court, as I read the code, there is not a minimum mandatory sentence here. Um your honor, additionally, pursuant to 764102 sub paragraph 2, the court has discretion. Um typically, um in a situation like this, the court can impose either 6 years to life or 10 years to life if the court deems that a prison sentence is noted here. But additionally, the court can also order probation. Your honor, what our request here is and foremost is that the court award order allow my client to serve probation in this matter. Your honor, where we are at in this case is my client doesn't have a significant history as indicated. We understand the circumstances that that arise and the court is well aware of what was found at trial. But your honor, given given his limited history, the the matrix actually shows him at a 0 to 240day jail commitment if the court were to order probation in this case. your honor. So, as as I see it, we would be asking the court to order probation here, your honor, he scores at a one, and that's simply because we can't go negative. Had had he been able to go negative, he scores a zero, I should say, on the matrix, but that puts him in category one. He hadn't he been able to go negative, he would actually have negative points. uh based upon postconviction uh crime free gap uh he would have gone negative. So he is in the lowest category possible as indicated previously he has >> because of because of this particular type of offense they don't allow negative because I have seen those negative sometimes on >> I've never seen a negative report. >> Okay. So the court has obviously the court sees probably more precision reports than I do but I've never seen a negative. They actually don't even score this matrix at all. Um they leave it blank. Okay. >> I see that um on it looks like he goes from 0 to 16 plus >> uh and out of zero to I apologize. It is they did score it a zero. >> Okay. And your honor, what what we'd be indicating here is is if the court were to look at the last category, which is the most recent postconviction crimefree gap, and go back to his criminal history, your honor, the the history of Mr. Tager is one that he has not had any criminal episodes prior to this this incident. It would have been 9 years since the last previous criminal incident. one in 2011 and then this one in 2020. Your honor, given that if we then correlate that with the actual matrix, the matrix would indicate that with that 9 years, he would get -3 points, a 7 to nyear um postconviction. So technically, he would score -3. So, your honor, the court is obviously in a position now where we're dealing with someone that's kind of gone from a zero to 100, which the court sees from time to time, where an individual has zero criminal history and then picks up a a large charge. Your honor, a lot of those cases require minimum mandatories. This case does not. Um, and because it does not, your honor, I think the court, as it does routinely with multiple individuals, should allow an individual to have the privilege of attempting probation. Your honor, we don't have any problem with it being a zero tolerance probation. But, your honor, what we are requesting is that it be probation. Um, in the alternative, if the court views that probation is not appropriate here, your honor, given the given the statements and all of the all of the letters in support, I think that supports a request for probation. At the end of the day, we would ask the court to impose u the six to lie if the court deems that a prison sentence is >> uh Thank you, Mr. Thomas. Besides the letters that I have received from for example uh Mr. Tagert's uh family and friends and colleagues, is there any one uh who would like to speak uh besides the opportunity that I will give defendant at the conclusion of this hearing which he is statutoily entitled to. Anybody else who would like to speak uh that you're aware of uh for the defendant at the about the defendant um and the sentencing at this hearing? Mr. Thomas, your honor, I believe um Tiffany Tacker would like to Oh, apparently there are multiple other individuals in the family that would like to speak as well. Okay. Um I'm happy to hear from several people briefly uh when I am addressing the defense now and then when I address the state as well. I'm happy to hear from several people briefly. The reason that I say briefly is I have reviewed thankfully uh all of your extensive written statements which are all uh those submitted uh for Mr. taggarded those submitted for uh Mr. Dudley and uh the state and other victims uh have been uh prepared all by you all very thoughtfully and carefully I can tell but because I've reviewed those and uh we have some limited amount of time today I will ask you to keep your remarks uh brief each uh approximately one to two minutes each if you can uh please for those Mr. starts. Would you like to say something? >> Yes, judge. Not necessarily in this case, but I have been working with um Callie and Eric. Looks like we're going to be rescheduling the broadband hearings this afternoon. So, if your honor is being mindful of that, we've taken that off the calendar. So, that should provide some more time. Just want to let you know. >> Thanks for thanks for letting me know that, Mr. Stars, that that will be helpful as well in making sure we have time to do everything we need to this morning. Okay. Uh if is there anyone who would like to speak as part of the defendant's presentation? If so, you may come forward, please. Just come right up here to the podium. Go ahead and identify yourselves and uh you can speak, please. >> Hi, I'm Temple McDow, Temple Tagert McDow. I'm an older sister of Jesse. And I just wanted to say all of my life I've known Jesse. I've never seen a single instance of him ever hurting anybody, ever hurting an animal, nothing like that. In fact, he's actually been one to stand up for others when they needed help. Um I saw him a couple weeks prior to this event and it was after one of the Black Lives Matters protest in Salt Lake City. We have close family friends that um that that was affecting and so he had gone there and I remember seeing him after and he stated to me how people were starting to throw rocks and things and how he was telling the crowd we don't want violence. We don't want violence. He was very adamant about that. So, I just wanted to say that and what I witnessed about him several weeks prior and so and I know what had happened with this case and I believe personally that Jesse was trying to protect others and knowing that this vehicle was traveling towards victims who even if it was only going 1 to 5 miles an hour, if you had a giant SUV right in front of you, your first instinct would be to jump on the hood of that vehicle. That would be my first instinct. And you know there's no way you can run that fast to get away from a vehicle without being run over. So I do believe Jesse his intent was to safety hold. That's all I've known of Jesse. So that's all I want to share today. >> Thank you for your statement. McDow. >> Yes. Come forward please. >> Hello. My name is Talil Tagert. I am the sibling just older than Jesse. I've submitted a letter which I am sure you've read and so I will be brief in my statements. Um I've known Jesse his whole life. He has always been a loyal protector, a peaceful mediator. Um, he's held people back from abusing me and he's done so peacefully and with a deescalation element that at 10, 12, 13 years old, you wonder how he knows that. He's always been this way. And I do believe that he was working to save other people's lives that day. I respect what the jury decided on that. But in my heart and what I know of Jesse, that is what I believe. And I don't think Jesse is perfect. He had just a moment to make that decision. Um, and you know, I I also urged the court to see the nuance of this count. Um, that Jesse was not going and seeking out to harm someone that day. This came upon him and he reacted. However, he did and it has caused a lot of harm on both sides for sure. And Jesse has owned up to this, taken responsibility, shown up to more, you know, 100 or more hearings. He's not running away from it. He's here to um to take responsibility. And I do hope that the court will um see that as well as he's been working very hard in jail doing the courses. I also have his phone. I get constant messages and calls from people who think they're reaching Jesse to ask for help. And they do that because they know that Jesse would help them at the drop of a hat. I think he would be better served on the outside of the jail here. And I do hope that you will take all of these things into consideration. Thank you. >> Thank you, Miss Chandler. >> Yes. Come forward, please. My name is Typton. I'm Jesse's older sister. And as my sisters have said, um Jess is the peacemaker, one of eight kids, the youngest, and kind of a crazy dysfunctional family. And uh just a really sweet person. And I just am heartbroken that the court didn't get to learn about him during the trial. And and so whether what we say makes a difference or not, I just want the record to know uh what a kind kindhearted person he is and what great intentions he has. and he and I were very close um after George Floyd was killed and all the protests were happening and he started I was living in Seattle at the time when that was a place that made national news because of the protests against police and so we were messaging often talking about things and I was witnessing very scary things in Seattle cars driving trying to drive into protesters or um just everything that was happening during that time. And um Jesse would talk about things that were happening in Salt Lake, people trying to um intimidate or attack them. They don't want them protesting. And uh I think what's sad and heartbreaking is just the reason the protesters needed them all, right? Um and so Jesse is one who he doesn't sit around if people need help. And so he wanted to lend his voice and his body and his time to stand up for those who were not being treated as people. And um and so um even during the Salt Lake protest um I remember him sharing a message with me and saying how there was a man that was like wielding a sword around and they recognized something's not right with this guy and they called the Black Lives Matter organizers to talk to this young man and they kind of formed a line around him and it was all about like deescalation like yeah it's scary seeing someone with a sword, but figuring there's a better way to do this. And there were like multiple instances where he just talked about ways where they tried to calm people down and unite people and they wanted to distance themselves from those that were being violent causing problems. And I remember one of his messages before a few days before going down to like, we're taking we want people to hear this message. We're going to start going to other places that need it. It was this good-hearted thing like we want people to understand, we want people to care, we want people to know like black lives matter. Um and so um it was after the shooting within an hour or so or I don't know exactly what time that he messaged me what happened and he was terrified and I know he felt he was defending lives and um I don't think all the evidence got um submitted and that's heartbreaking and that's one of the reasons the ineffective council motion was um shared but I which is really ask for mercy in this case and the sentencing. Um, one of our recent phone calls from the jail, he was lamenting that, and think of this, if you're locked up, like, what are you missing or what are you upset you're not going to be able to be out for if you have to go to prison? And he said he wouldn't be able to help people. Like, that was literally all he cared about that. And like be able to see his dogs again. And I'm like, I just I think this experience has helped remind me what an incredible heart my brother has and meaning well. And um anyways, I just wanted to make sure that got heard and express my love for him and thank you for considering this. >> Thank you, Miss Tagert, for that statement. Yes. Welcome. >> Hey, thank you. Uh, I didn't even know this was possible. I didn't come to say anything today. These are my kids behind me. I'm Jesse's older brother, one of three others, and I spent the most time around. And >> your name is >> Jared Tagger. >> Thank you, Mr. Tag. Go ahead. >> Um, one of my young kids asked if they could get up and speak on behalf of their uncle. Uh, we love Uncle Jesse. In my entire time growing up with him, never once did we have a fight. Not a fist fight, nothing physical any kind. I can't say that for my other two brothers, but Jesse is probably the softestarted sibling that I have. And uh, I've watched Jesse, although the things he's chosen to get involved in, I don't condone. Each of those things that he has been involved in, he has been a defender, a protector. And I believe when Jesse showed up at this protest, he was there because he saw himself as a man of strength to be there for the helpless and the defenseless, Jesse did not show up to commit murder, to commit a crime of any kind. And while uh I believe there are better approaches to expressing our disagreements with the way things are, uh and I I've shared this both with with Jesse and family. Uh there are more productive ways to express our disagreement, but no way was Jesse there to be malicious with his intent. And so, uh, if it's okay if my 14-year-old, none of us came prepared the same thing today, she'd like to speak at as well. Is that okay if a young person come do that? >> Yes. Thank you, Mr. Tiger. That's fine. >> Hi. Um, I'd just like to say that I know Jesse's a good guy and he's my uncle and he's very kind and he literally loves to help people. So, and like the fact that he's been trying to help like people and that he wasn't meaning it in a bad way to hurt anyone. He's just trying to protect. And so, I don't think it would be right for him to have to go to jail. And um I would like him to have another chance to be able to meet my uncle and that we can have good memories. and I love him no matter what, but I would just really like him to have another chance. I just love him so much. Thank you, Miss Tiger, for your statement. >> Your honor, I believe this will come back to defense later. My my client does have statement, >> right? I will come back to the defense later uh for any argument and rebuttal um and also to afford uh the defendant uh his statutory right uh to speak. All right, we now turn to the state of Utah prosecution in this case uh for argument as to sentencing and presentation of material. Uh go ahead, Mr. Wyatt. Thank you, honor. Your honor, civil discourse ends when violence begins. That's that theme that the state presented at trial. Um, the jury found Mr. Jesse Tiger guilty. First degree felony attempt aggravated murder, thirdderee felony aggravated assault, thirdderee felony riots. They determined unanimously that he was not justified in defending himself or others in doing so. He agreed unanimously that he committed violent conduct multiple times over the same evening without justification. He attempted to kill Kenneth Dudley. He threatened gun with a firearm and participated in the general demonstration the whole time. He was there when Mr. David Butler was threatened. Mr. Butler felt threatened by him. The state agrees with AP and is recommending a prison sentence. um defense made some arguments about the criminogenic risks need section in the in the pre-tense report and noting his companions his criminal history antisocial pattern. Um the state the charges and the convictions themselves show an antisocial pattern whether that's reflected in the notes or not. um in this case and the charges, convictions, conduct is severe enough to warrant a prison sentence here. Um I want to point out just a few things. Um there is under 76346. um these for for the first degree following attempted aggregated murder, the court can suspend execution of a prison sentence. Um but only if the court makes findings on the record that details why it's in the interest of justice not to execute or impose the prison sentence and findings that the actor does not pose a significant safety risk to the victim of the attempted crime or the general public. And the attempted crime we're talking about here is attempted aggravated murder. Um is generally under that code 76-3-406 the the court cannot suspend um a sentence and put someone on probation for aggravated murder or attempted aggravated murder um for an attempt under subsection 3. the court can suspend it, but only if the court makes these specific findings. Um, the state is requesting the court to impose consecutive prison sentences on each count. Um, in determining consecutive versus current concurrent, the court must consider under section 6341 gravity and circumstances of the offenses, number of victims and history, character and rehabilitative needs of the defendant. So of course here the gravity and circumstances of the offenses. Um these convictions show a pattern of using a lethal a dangerous weapon to commit lethal force against complete strangers members of the public. This community here there are multiple victims here. And I want to talk about a little bit about the history, character, and rehabilitative needs of the defendant. Um because a couple things have been mentioned here so far. Really, Mr. Jesse Tiger doesn't have much of a criminal history at all. Um there's an interlock ignition device misdemeanor conviction from 2011 and impaired driving conviction from 2010. I think altogether 12 days of jail on those in probation and those cases potentially close out. Um and then there are pending drug charges that have not quite been resolved um right now. Um but Mr. retired remains a danger to this community because he's using the same thinking patterns today that are evidenced in his presence report statement as well as a short jail call I'm going to play for the court that he used to commit violence against the victim's act in 2020 and if your if your honor recalls from the trial um back in 2020 when this happened Mr. Tiger painted himself as a hero. He bragged about shooting a Nazi after that person, in his words, barreled down on them from 75 ft away, flinging them up into the air. These are the words that Mr. Tagert was telling his friends an hour or two, which the same evening this happened. But that's not what we see happened. That's not what we see in the video. The Nazi in Mr. tires was just Ken Fley who was trying to get to Home Depot before it closed. The other people he attacked didn't run anyone over and Kenny Fley didn't run anyone over. He was trying to get to Home Depot. The others were trying to get home to their kids, trying to meet their wives at work. They weren't Nazis. They were members of this community. And Mr. Tiger attacked them violently with no justification. These were people that were just trying to get through. They weren't using lethal force. And when he was grasped during his testimony at the justification hearing, time and time again, Mr. Tiger conceded that no one was run over, no one was injured, that all was nothing. Your honor, in the PSR, Mr. Tiger makes several statements. I think he expresses regret, but not remorse. And to this point, I don't think he's attempted to show any empathy or understanding for the position that he put the victims in. And I'll quote from the PSR. In in in those statements, he's still the hero to himself. Quote, I witnessed multiple people using their videos vehicles to drive into and through human bodies. He does acknowledge, quote, it sadly left the victims with a landslide of trauma around them and their families. My intentions were never directed at harm, but at the safety of everyone. But when specifically asked whether the victim experienced injury, Mr. Tag's answer in the presence report begins with, quote, I shot his gun out of his hand. He says, I shot his gun out of his hand. So surgery and recovery about two months. He was unable to work, but he made a full recovery. Came back to work after 2 months. So even when he's asked whether the victim experienced injury, he can't help but say, "First, I shot the gun out of his hand." And the court is well aware that no one had heard that until the justification hearing in this case that there was a gun that Mr. Tiger saw at all. The night this happened, Mr. Tiger was more than happy to let his friends and people on social media know that he shot a Nazi. But the one mitigating factor that would have justified him, whether Mr. Dudley was waving a gun and pointing it at other demonstrators, that didn't come up and that didn't come up until the justification hearing. It's not true. Mr. Tiger knows it. We know that's not what happened. Do you want to play I'm just nearly finished. I do want to play just a brief um portion of the jail recording from February 7th. This is a from a phone call that would have occurred about a week after trial concluded. >> Okay, go ahead. And just for context, your honor, this is a a conversation where Mr. Tiger is talking about the the victims who testified at trial and he's expressing that he the context is he's not understanding why they would feel afraid of him or afraid of retaliation as many of them testified at trial that they fear in retaliation after this incident. See if this comes through. >> I'm sorry. You said sorry you said the date you believe of the phone call is what? It's February 7th, your honor, of >> 2026. >> February 7, 2026. Go ahead, please. >> So, for be scared about what the [ __ ] has happened. I mean, we're 6 years later and it's not like I scared who they were or what they were now at this point. At that point, in that moment, sure, they're running people over at my time. It's that simple. >> Yeah. But once it's done, I didn't even think about another [ __ ] second cuz I didn't care. I mean, it's not like I'm like, "Oh, let me go [ __ ] try to hunt them down." No, [ __ ] I don't care about them cuz they, you know, they got in all their cries about, oh, he's going to come and do something. No, you clearly don't know who the [ __ ] I am. So, and that's on the fault of my public defenders. Your honor, even just under two months ago after conviction, Mr. Tiger says about the victims, he uses a I would say is a mocking film there. I didn't even think about them for another [ __ ] second because I don't care. His mentality today, your honor, is the same it was back then when he endangered this community, when he shot Mr. Kenneth Dudley, when he threatened Lorine Young, when he threatened David Butler. For those reasons, he is a danger to this community. He poses an ongoing risk and I'm asking impose a consecutive prison. >> Um, all right. I may have a few questions for you, Mr. Wyatt. And of course, I'm going to be happy to hear from anybody who wishes to speak. Um, let me uh let me just make sure I have you clarify exactly uh the sentencing statute that applies to each count. Uh please, if you wouldn't mind just going through that. I I assume that the aggravated assault thirdderee felony and the riot thirdderee felony with those standard convictions of thirdderee felonies. Those are as5 years in Utah State Prison as the statutory sentence with the uh opportunity for arguing for probation instead of Is that right? On counts three and four, Mr. White. Um counts three and four, your honor. Um apologies to your question. Sorry. I just I just want to make sure um uh that that I understand. We're going to we're going to come to count uh what I think is called count one, the attempted aggravated murder. We're going to come to in just a moment. But as to uh aggravated assault, a thirdderee felony, right, a thirdderee felony. Uh those are uh classed as are other thirdderee felonies with a statutory sentence of 0 to 5 years in prison, a fine of $5,000 plus a 90% search charge plus uh possibility instead of the prison, the judge in uh suspending the prison sentence and imposing uh probation or a jail condition of probation. ation etc. uh for those riot and aggravated assault counts. Is that right? >> Yes. >> Okay. Now, uh, because the other count here is less common, uh, I want to make sure there's no misunderstanding from either the prosecution or the defense about which statute applies. Uh, it is attempted aggravated murder. And because I've now granted the motion to merge, we won't need to discuss and I won't be sentencing on the felony discharge of a firearm as a seconddegree felony. So, the only one left to discuss to clarify is attempted aggravated murder first degree felony. What are the statutory sentences for that offense, please, Mr. White? Well, it is governed in part by the intent statute 764-102. Okay, I'm at 76-4-102. So I mean that that clarifies that it's still first degree felony in the situation which I mean obviously So under that same section going under 202 maximum this is a 15 That's my understanding. Right. >> So, I'll just start at the top of that statute 76-4-102 attempt classification of offenses. It says a violation of section 76-4-101. um which is committing an attempt. Um where the actor attempts to commit aggravated murder which results in serious bodily injury. Is punishable by imprisonment for an indeterminate term of not fewer than 15 years and which may be for life and that references 76-5-202 aggregated murder which the jury has found as an attempt in this case. So thank you Mr. White. That does indicate 15 years to life is punishable by imprisonment for an indeterminate term of not fewer than 15 years and which may be to life. Now there is a comma in that exact phrase and it says except as provided in subsection two an attempt to commit aggravated murder is punishable by 15 years except as provided in subsection two. Subsection two reads as follows. If when imposing a sentence under subsection 1A2, which is the one I recommend 2, which is the one I just read, if a court finds that a lesser term than the term described there is in the interest of justice and the court states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than 10 years and which may be for life or six years and which may be for life. So are are those the numbers that I need to be considering as potential alternatives? In a moment we'll go to that other statute that you mentioned, Mr. Wyatt, that talks about crimes for which a sentence of probation is not allowed. We'll talk about that one in just a moment. But for now, starting with the numbers, uh, options are 1 to 15, sorry, 15 years to life or as I just read, if the court makes the findings in the interest of justice, uh, the court may impose 10 years to life or six years to life. Is that the way you read it up at least so far, Mr. W? Yes, your honor, I agree. >> Okay. And then there is this statute that prohibits the court from granting probation. This is 76-3-46. Crimes for which probation or suspension of sentence or lower category of offense may not be granted. And it states Except as provided in subsection 3, a court may not grant probation or suspend the execution or imposition of sentencer in a judgment for a lower category of offense if the effect of which would in any way shorten the prison sentence for an actor who commits a capital felony or first-degree felony or attempts to commit capital felony or first-degree felony. That is aggravated murder. But that also has an except in a comma. And that one says except as provided in subsection 3. So subsection 3 says another except except as provided in subsection 3B. Uh but that relates to child sexual offenses. So that 3B will not apply here. So I can just start from the beginning of this sentence. A court may suspend the execution or imposition of a prison sentence for an actor who is convicted of an attempt to commit a felony described in subsection 2A, which is what I just read. If the court makes a finding on the record that details why it is in the interests of justice not to execute or impose the prison sentence and the actor does not pose a significant safety risk to the victim of the attempted crime or the general public and the court orders the actor to complete the terms and conditions of probation supervised by the department of corrections. So Mr. Why? If I read all of that there, I had the options I described a moment ago, which are 15 years to life. Then I read the option of 10 years to life. Then I read the option of six years to life. And I just read now that if again the court makes specific findings, um, sorry, I got too many windows open here. Getting back to that one I was just reading, which was the offenses for which probation may not be granted except under certain circumstances. That one says 76-3-46. If the court again makes the necessary findings on the record why it is in the interest of justice not to execute the prison sentence and the actor does not pose a significant safety risk to the victim of the attempted crime or the general public then the court may suspend any prison sentence and u if it's an attempt attempt crime of attempt and place the actor on probation is that also correct Mr. in your reading. >> Yes, that's what I understand. Okay. Thank you so much for those clarifications. Mr. White, are you aware of those who would like to speak? I am there. I think four or five. Yes. All right. Uh uh anybody who would like to address may come forward, please. Yeah, thank you. Come forward. >> Your honorable Judge Bow, my name is Ken Ken Dudley. I'm here today as one of the many victims of Jesse Tagard. On June 29th, 2020, Mr. Tagard attempted to end my life. On that day, I was simply going about my daily business. headed to pick up some supplies to the repair home uh project at home. In an instant, my sense of safety and sense of security in a community I have resided in for 30 years was shattered by an act of violence. I still carry the physical and emotional weight of that moment. I realized I had been shot not once but twice. And I realized this act of violence was an attempt on my life. I recall the drive to the the hospital wondering whether I was going to bleed out or whether I'd survive to see my family again. The defense council acknowledged this the clarity of the intent behind this act by stating it's obvious Mr. Tagert was trying to murder Mr. Dudley. I have watched the toll Mr. Tiger's action have taken on the lives of my family and loved ones and I believe that for their sake justice must be served. As a victim, I watched the legal process unfold closely. I was particularly struck by Mr. Tiger's demeanor during the trial. Seeing him sleep through large portions of the proceedings was deeply troubling to me. This lack of engagement signaled a complete disregard for the gravity of his actions and the lack of respect for the court and the lives he nearly ended. It suggests an indiv individual who has not yet grasped the weight of the crimes or felt the sting of remorse. I want to be clear to the court. I I'm a person who believes in forgiveness. However, I also believe that true forgiveness does not remove the necessity for accountability. Forgiveness is a personal journey, but justice is a societal obligation. Mr. Tagert's actions were calculated and lethal lethal. For the safety of our family, our community, and to uphold the value of human life, there must be a significant consequence. I ask that you oppose a sentence that mirrors the gravity of an attempt to take human life. I seek resolution that ensures I and my family and my community can live without fear of further violence from this individual. Thank you, your honor, your time and your time for considering and hearing my voice. >> Thank you, Mr. Dudley, for your statement. Good morning, your honor. How you doing? Morning. My name is Jason. I'm here today to speak about the actions of Jesse Kelly Tiger and the impact those actions have left on my family, especially my wife. What happened that day was not a misunderstanding. It was a ser series of choices made by a man who inserted himself into a situation he should have left alone and then escalated with a gun. My wife was one of the people put in danger. The gun was inches from her head. It had a bullet in the chamber. Why that gun didn't go off? so grateful for. It could have been a complete different scenario. We all know that as a gun's being thrust into a window, mishaps can happen. Many other times people clean their gun. The firearm can often injure someone. But in that moment, my wife was forced to face a very real possibility that her life could be taken. No one should ever have to experience that. It terrified her and it shook our entire family. That kind of fear does not just go away. It stays with you. I was on the phone with her when it happened. I heard her scream that she had been shot. I heard the glass breaking. There is nothing I can say that can fully describe what that feels like to hear that and not be there to be able to protect her. That moment will stay with me for the rest of my life. Ken was seriously injured moments before and he is fortunately very fortunate to be alive today. When someone fires a gun in a situation like that, the difference between life and death comes down to to inches or seconds. That reality is something that we've had to live with ever since. Even now, this has not left our home. Our children still come up to us and say, "I'm glad you're not dead. I'm glad he did not shoot mom in the head." They saw the windows. They saw the damage to the vehicles. They've seen the videos. They've asked questions. This is the things that our youngest son says to us every time we leave cuz he's afraid something's going to happen to us. That's what that is what we carry with us every day. What makes this even harder the lack of accountability Mr. Tire has has shown. He has never apologized. He has never taken real responsibility for the fear and harm he has caused. From where we stand, it feels like he is always sorry that he has gotten cogs, not for what he did he has done. During the trial, I person behavior that raised serious concern. He did not appear to be taking the situation with the seriousness it deserves. Regardless of his behavior reflects continuous poor judgment even while facing consequences of his actions, his defense suggests that people are going to die. But in reality of that day tells a different story. There are numerous 911 calls reporting a man with a gun, someone being shot, vehicles being attacked, windows shattered, firearms being pointed inches away from people's heads multiple times. Yet despite all that, there were no actions taken by him to help anyone, no calls for medical help, no attempts to provide aid. The only uh uh consistent actions was escalated. This was not just one bad decision. He made multiple choices that day to put multiple people in danger. At any point, he could have walked away. At any point he could have left it alone or contacted law enforcement. Instead, he choose to take matters into his own hands with a firearm. This never had to happen. Your honor, peaceful pro protests have a place in our communities. But the moment someone introduces violence, especially a gun, it stops being peaceful. This kind of behavior has no place in Provo, Utah. It has no place in the state. There needs to be a clear message. If someone brings violence into a situation, there will be real consequences. My wife deserves to feel safe. Ken deserves to Ken deserves not to be seriously injured. Our children deserve not to carry this fear. Everyone there des everyone there deserves better. I ask the court to consider the fear, the trauma, and the lasting impact this has had on our family and others. I also ask the court to consider the lack of remorse and the patterns of decisions that led us here. Accountably matter, accountability matters, consequences matter, and protecting the public matters. I thank you for allowing me to speak. >> Thank you. Thank you, Mr. Young, for your statement. Yes, go ahead. Hi. Um, my name is Lorie Young and I'm here to share the experience that affected me and my family. That day has changed me and my family and I don't think I can fully put into words what and how the experience has changed me how it has made fear in my family and in me. I remember how close seeing how close the gun was. I remember hearing the gunshot. I remember realizing that I could have been shot. I remember having to do a self evaluation cuz I thought I had been shot. I was on the phone with my husband and I was scared and I was disoriented and trying to make sense of what was going on. I remember screaming. I remember everybody else screaming around me. There was no need for I kept screaming saying to leave me alone and to just let me go and nobody would. It's been really hard with our kids because they are scared and they do every time that we leave they say, "Mom, be safe. Mom, we're so glad that nothing has happened to you." Um, there's also been the fact that there has really been no acknowledgement acknowledgement done by Jesse. That what he's done has caused so much in so many different lives, so many people's lives that honestly shouldn't have happened. It should have been that when he saw things were happening, he went and he got law enforcement. That didn't happen. He escalated the problem with another problem. And my husband and I, we teach our children that if there is a problem arising, they go try to find somebody to help in something that's happening and not to escalate it themselves. I keep coming back that this was a preventable thing. Nothing had to happen the way that it did. Could have been totally preventable. None of this had to happen at all. I appreciate you listening to me and I hope that things are taken into consideration the way that they need to be taken. Thank you. >> Thank you, Miss for your statement. forward. Your honor Butler, as I was asked to prepare a statement, I spent several days deciding as to what to say if I wanted to come up here and talk. Um then at the end of the day I decided that it was something that I feel like I needed to do if nothing else for me. Um I am happy that no one was killed in this situation but at the same time coming from someone who does proudly support the Second Amendment and do carry firearms myself. I go into a situation with the hope that I never have to discharge my firearm ever, but I would rather have it and never need it than need it and not have it is what I tell my son um who's now 11 years old um and was involved in the incident in my vehicle with me with all of the claims of this being a quote unquote peaceful protest. The first thought that comes to my mind is, "Oh, it's peaceful. Why would I need to have a firearm? Why would I need to go in feeling like someone is going to need to be protected? Has the claims been brought forth? I can't personally find one. If it's going to be peaceful, there isn't a reason. There's always a choice um as to how to carry out an action, how to follow up. um when something has has gone sideways and to the points that have been brought up already. Law enforcement wasn't contacted. They were everywhere. I called them. I showed up to the police station to give a statement after my incident and there were plenty out on the sidewalks. No attempt was made. taking actions into his own hands in a way that was absolutely beyond what was needed shows in my opinion that there was almost an intent or a hope that something could happen when you're bringing a firearm to again a peaceful protest and then later going and bragging saying I got one of the Nazis. That to me shows that there was an intention to some degree. And speaking from my own side of things where I was lucky enough to not be shot at, I wouldn't want myself or my family to be out there with someone that might decide that something else needs a firearm in the future. And so I would ask that on behalf of my family and the other victim's families um that the appropriate in your eyes view uh or the appropriate action in your view be taken um so that we don't have to live a potential fear. Thank you. >> Thank you Mr. Butler for your statement. All right. Uh, yes. Come forward, please. >> Your honor, my name is Vicki Dudley. I'm the wife of Kenneth Dudley, um, the man who Jesse Catherine attempted to murder on April 29th. I'd just like to say a few words um about the trauma of that evening when the police showed up at my door to tell me that my husband has been shot twice. He left my home to go to Home Depot to pick up some plumbing supplies. And when the police showed up, they asked me if he was at a protest. I said, "No, he's at Home Depot." And they said, "No, he was at protest and he was shot two times." officer took me to the hospital. Um, when I walked into the hospital room, I saw my husband in the hospital living in the emergency room covered in blood. That was a trauma that has been really hard for me to overcome. Fear and the sense of no longer having the security that my children and my grandchildren have had to endure since then has left a lasting impact. Um, In the days that followed, I was the one there to care for my husband. Um, I watched the emotional pain that it caused him and the insecurity that it caused him to think that he could there was a a large possibility he would not be able to protect or provide for his family. He's a software developer, so he needs the use of his hands and his eyes to be able to do his job. I think he was fearful that he would no longer be able to do that. This is an impact that has left a negative effect on our family and on Ken for five and a half years. Um left with the uh uncertainty of what was going to happen. Um waiting for the justice system to decide What would happen next to us? >> I am a firm believer that there must be consequences for our actions. Mr. Tabet made a choice that I'm going to take my husband away from me and our family forever. Um, I believe accountability is necessary for the healing, for the safety of our community. I trust in your wisdom that you will see fit to impose a sentence on him that meets the powers. >> Thank you for your statement. Hi, your honor. My name is Greg Baker. Um Kim and Vicki have been like a second family to me for more than 20 years. I love them. They're very good people. and sitting here through um all the the last day of the trial. Um the things I saw, I just I I don't want to make it personal. Um you know, obviously I love Kim Vicki, but I I understand um we don't always see things the same way, but I have uh I'm a veteran. I've carried a gun for over 20 years legally with a permit. Um, and I've never never pulled it on anyone. Um, in fact, that night I saw some video that I understand now was Mr. Butler. Um, myself and a friend chose to come down to the protests around dark, around 9:00. I didn't know yet exactly how much had gone on, but I left my gun. I chose to leave my gun to come see what was going on with the protests. um just because I didn't want there to be an issue or someone else got it or anything. So, I left it because I didn't want to contribute violence to the protests. Um I think, you know, based on my time in the military, I know that there are many options that someone can use to stop a vehicle. Um you know, you can shoot a tire, you can put one through the radiator into the engine, and usually that's a signal that people will stop and and pay attention to. Um, I I hear all these arguments about people fearing for their life because a vehicle's coming down the road, but no one ever mentioned the simplicity of getting out of the way, which Mr. Tiger did before he chose to fire. That to me is huge. Uh, if he truly felt threatened, he may have still been in the path of a moving vehicle, but he moved to the sidewalk out of the way of the vehicle and then took two shots. And I think that's very telling. Um I if it was one incident, you know, I still don't think that would justify that behavior as I mentioned, but it wasn't just one incident. It was bullying and threatening the other people that that have already given statements. And I think that's telling as well andor haven't really seen any remorse during the trial. Um celebrating on Facebook with the Facebook messages saying, "Hey, I killed a Nazi. Was he a Nazi?" I don't know. That's the story we're going with until we find out. Um I did I didn't enjoy hearing that and I know this person and he was just trying to get to the hardware store. Um I don't think that anyone, you know, I don't hold any ill will towards Mr. Tagert personally. I don't want to. I'm a Christian. Um, but I still think that we all want to live in a society where people cannot bully and terrorize with a firearm up to and including shooting an individual twice and just get away with a slap on the wrist. I believe there needs to be accountability. Um, and that's the kind of society I think, you know, both of our families want to live in is a society where we can go out of our house in peace and safety and go to the store and come back without issue. Um, and and I hope that I believe you're a good man. I believe you conduct the trial fairly. I know some people in Hebrew who know you and uh I trust that you'll do what's right based on the sentencing prescribed by the law and and the verdict that's come down from the jury. I thank you for your time. >> Thank you. Thank you, Mr. President, for your statement. Yes. >> Good afternoon. My name is Christine. Kenneth Dudley is my father and I'm not entirely sure how to fully articulate. my feelings, my children's feelings, my family's feelings. This is what happened that day. We were coming home and happened to stop at their house. Luckily, there was a protest. Had we not stopped at their home, my mother would have been an absent seat. And that went through would pick her. But because we were there and talking to her, she stayed behind. We left to the grocery store before we could even make it home. I received a life altering phone call that seemed so surreal. She told me that he had been shot. Like we just saw him. That's not even possible. But he had it was supposed to be a happy time for our family. We just welcome in the last week, week and a half, a niece, a granddaughter. In the coming weeks, we're welcoming another. My father is also a good man who helps people, who's kind on to my children. I had all of them in the pharmacy when I got that news from toddler up to teen all understood what happened in different ways, especially as we wanted to help help my mom care for him. In the coming years, my teenage son was afraid to go downtown for events that we hadn't normally been a part of. Fourth of July stuff, just summers walking around to get ice cream because he was afraid that Mr. Tiger with the other people who had been protesting would be down there, which was sad because every summer prior to that, I would take my children on bike rides. We'd go down. We'd enjoy our time. But now our world looks totally different. Again, there's so many more feelings, so many more thoughts on what happened that day. It never should have happened. No one deserved, none of the victims deserved to be put in that position. None of them were there for malicious intent, but Mr. Tagert was. And then to watch him in court, so cavalier, so callous unfeilling, zero signs of remorse. I just hope you'll take all of this information into consideration as you think about how his actions have affected the lives of so many people. And like dropping a pedal in a pond, it wasn't just the victim. It rippled out and rippled out and rippled out. Thank you so much for your time, your honor. I appreciate you listening. >> Thank you, Miss Bro, for your statement. >> All right. Uh Mr. Wyatt, anything else for the state at this time? >> Your honor, every continuer that we did file um with Jason Young, Kenneth and David Butler listed as protected parties. It's my understanding there's no objection to that, but I'll I'll speak for for defense. Um the um I will consult regarding restitution. You may end up filing a motion on that. And then I just wanted to be clear regarding an earlier um request of the state is that Mr. Tiger be sentenced to prison on the first degree felony and then second sentenced consecutive um on the other two counts. So I think I said all all consecutive was was my statement, but I just wanted to clear that out. Thank you, Mr. White. Is the state requesting that a restitution hearing be scheduled at this point? >> I we can I think we can make the matter open and I can file a motion when we have something inside hearing then if the court's okay with that. Um I don't know how long it will take to to have everything. Otherwise, we could set a status hearing 60 days out. Is it more likely than not that you believe that there will be restitution requested in this case, Mr. Suppose? More likely, your honor. >> Okay. In that case, I will likely schedule a restitution hearing just so that we have it on the calendar so that everyone knows what to work towards. >> Oh, okay. We may have someone online. Is there anyone uh online uh who also wishes to speak briefly who's joining the hearing? Uh we'll try. >> Um >> yes. >> Yes, your honor. I would like to speak if I may. >> Uh yes. Uh please go ahead and state your name. Thank you. Hi there. Uh, my name is Shane Elmas. Um, I knew Jesse Tagert after the incident. Um, I was a tenant in a house at West Valley. My landlord was named Tony Tran. Um, when I moved in, I discovered that we had someone living in our backyard. Um, and Jesse was an absolute menace. Um, he had piles of beer cans as tall as people. Um, he didn't pay his rent. When I asked him why he didn't pay his rent, he said cuz he could get away with it because the landlord's not going to do anything about it. Um, I attempted to start my own business while living at this home. And Mr. Tiger held my property and destroyed my business. >> Mr. Ramos, Mr. Ramos, uh, thank you for appearing here today at this hearing. Uh, there is an objection. Just just one moment. Please uh, go ahead with the objection, Mr. Thomas. Your honor, I understand that that the victims and are are able to testify and and have their voices heard. I don't know that this is a victim of this case. It sounds like this is a completely random individual that has some other issue or agenda that's trying to be purported through this this case. I don't know that it's appropriate to hear him on the matter of sentencing on these charges. If there's another case that's going on that he wants to pursue, that's that's on that. But we're before the court on sentencing regarding these matters, um, not isolated random individuals who don't appear to be any direct victim or party to these events. Thank you for the objection. Now I'll turn to the state if there's any response uh about the objection or about this statement right now where we're at uh in the proceeding. Mr. Wyatt. >> Well um your honor, one of the considerations before the court today is the um history, character, and rehabilitative needs of the defendant. From what I'm hearing from Mr. Ramos, you may be speaking to some of that um potential substance concerns. Um, not everyone who has spoken to the ADA is a victim. Mr. Ter's family members weren't victims, but they are speaking to the court. Um, so it may be appropriate to hear from this person. I've not spoken with Mr. Ramos before. I wasn't aware of him until today. I I was aware of the the landlord that he mentioned, Tony TR. Um, I think I've spoken to that person once before in the past, but um, yeah, I think it might be appropriate and also to the court. >> Mr. Thomas, a rebuttal on your just indicated. I didn't say victims. As I said, victims were those that are associated directly with this case. Um, and and that's where the family members would come in. They're family members of the defendant and family members of the victims in this case, which would still be constituted as a victim, per se. So, your honor, this individual doesn't appear to fall into the category of either of those. Thank you for the objection. There are large and broad considerations for a court at a sentencing hearing. I will certainly give the testimony only the weight it deserves. Uh but um for several reasons uh that the court may need to consider, I will overrule the objection, but I will limit Mr. Ramos. Mr. Ramos, I can only give you about one minute now to finish up. Go ahead with your statement, please, Mr. Ramos. >> Yes, sir. He did very brief. I attempted to start a business while I was living in that home. Mr. Tiger held my property hostage. I had purchased a cargo van um to get my own shipping business. He wanted a job from me. And when I told him no, he decided that he was going to hold my property hostage. He blocked it in the driveway for 10 days. Um he also lied to police and had nine false charges like uh carried out against me. um not those nine charges were dismissed in court because the district attorney had to get up in front of the judge, God at everybody and say, "We don't have any evidence of these crimes." Um Mr. Tagger destroyed many people's mental health and well-being. He terrorized my roommate. He terrorized my landlord. He extorted my landlord for $1,000. And Mr. Tiger is a high risk manage to society. There were a lot of people here today saying that he's not a risk. He is absolutely still an immense risk to anyone around him, his neighbors, his community, his friends, his family. He cannot be allowed to be released into the public. He needs to be prosecuted to the fullest extent of the law for the harm and damages he's caused to so many people. >> Thank you, your honor. >> Thank you for your statement, Mr. Ramos. And your honor, I'm going to renew my objection on any statement regarding hearsay or statement regarding potential charges that I know nothing about. >> Thank you uh for the objection. uh the objection is preserved and uh based on this court's understanding of what is allowed at sentencing hearings and given the important determinations the court is required to make in this hearing and given the nature of the evidence the court has heard so far already in this hearing and the leeway the court has granted the court does overrule the objection. Thank you, Mr. Thomas. All right, we're going to come back to the defense at this point, Mr. Thomas, for any rebuttal argument about sentencing. Uh, in conclusion, I turn to the defendant and give him his statutory right of alocution. Uh, but right now, any further legal arguments or points that you'd like to raise, Mr. Thomas? So your honor, the court kind of went through the analysis that I did in in looking at those various statutes as I indicated pursuant to 764102. If the court does mean that um prison is a recommendation here that the court has that leeway or that decision making in those three categories of what what uh to sentence the defendant to. But alternatively, your honor, as articulated initially, our our position is is a request for probation. And your honor, I want to go through that specifically. What what's being articulated is is that Mr. Tagert is a safety risk. And your honor, I think the reason I spent the time I did going through the pre-sentence report and going through what has been a relatively minor criminal history is is what we normally see. There are no prior acts of violence. They're they're misdemeanor charges and yes, this was an incident that escalated. And your honor, the court is well aware of the in this case and what was presented at trial. As the court is also aware, I'm new to this case. I've reviewed everything in in preparation for this hearing. But your honor, look, if if we look at this case and we look at it in context of everything else that has transpired in Mr. Tiger's history to say to jump to the conclusion that he is an absolute safety risk ongoing. I I think that makes a jump a little too far. Uh does he have the ability to be rehabilitated? Does he have the ability to to take classes that may inevitably help him in thinking decision in making decisions? Your honor, I think I think he absolutely can. And your honor, and I think that's what he's already implied in in providing what we have to the court that he's trying to address these issues as well. Your honor, it's as I've indicated to the interest of justice, as we look through these pre-sency reports that are designed and to give the court a glimpse of of where an individual falls, he scores a negative score. And although the court has broad discretion in determining sentencing, I think that that can't be just disregarded, um the issue before the court is is what is his history? What what is he what what is he going to do with his life after this event? Your honor, if if he could take back this event, I I there's no question in my mind that Mr. Tagard could undo everything that happened, >> but he can't. And and as the victims indicated, the same thing. He it is it's happened and everyone is now suffering as a consequence of what has transpired. Your honor, to say that he is not taking any responsibility, I think underplays what is actually going on in Mr. Tagard and M and mine and Mr. Tagert can speak specifically to that, but I want to address a few things. There was an audio play from a jail phone call and your honor that was taken with the pre uh with an understanding and what was being articulated in the court is he has zero care for the victims in this case and he has no remorse. Your honor, I I think that's kind of taken out of context in what was actually meant by that audio, which is that he doesn't have any malice towards them. He's not going to go after them. He's stipulating just so the court's aware to the protective order council was correct that already he's already stipulated to that there is no need for him to see these victims ever again and and nor does he desire any ill will. That's what he was stating in that in that audit. Your honor, the the second the third thing that was brought up and and it was brought up multiple times was this fact that he seemed to not care in trial and that he was sleepy or or otherwise not engaged. Your honor, that that will be subject to the motion for a new trial which will be addressed with the court um later on. But what what the court is unaware of and what Mr. um Sagard would indicate to the court is is exactly that he suffered with a great deal of anxiety and plagued with the issues before trial that he couldn't sleep. And what ended up happening is is that as a result made him sleepy at trial and he was he tried his best. But your honor, it it shouldn't be taken in context that he's showing no reor remorse order. in other words, just does not care. That was not why he was tired. I think it was out of the the fear and the concern he had with everything going on that he couldn't sleep at night. Your honor, um I don't believe the court should run any of these uh charges consecutive to each other. I think the concurrent nature uh would would be in the interest of justice once again given his criminal history. Um your honor, there's although there there was a danger to the community and I think that's what's been testified and and what ultimately was found at trial. Your honor, he has been out of custody the vast majority of this trial with no other charges of violent nature or any other indication of danger to the community while he's been out. His actions after the fact have demonstrated he is not a substantial risk um to community safety. Your honor, the the risk in this situation came down to possessing a firearm, which he's no longer able to do. That in and of itself as a deterrent for that safety risk of of possessing a firearm. So, your honor, I I want the court to be aware that I do not believe that that he can he constitutes a danger to the community going forward. And I also don't believe that he's a safety risk. And given the fact that his limited criminal history, although this this charge is significant, we're not downplaying that, I as a defense attorney have to articulate why I think the court should consider the law the way it does. That in the interest of justice, given his history, I think the court should allow him the opportunity of probation. He's indicated that he intends to in full compliance and and your honor, I I honestly think that that that's a better solution here given the the supervisory nature of ATMP and the ability for him to try and better himself in the prison. He won't have the opportunities to do what he can do on the outset because the court can order a number of options that he won't have at the prison. Yes, the prison has uh classes, has things that that individuals can do, but they're also limited in nature. Versus outside, the court can order a number of things, including community service if the court seems fit. Give back to the community, an excessive amount of community services as the court sees fit. Your honor, I I think he's better served and the community in general s is better served and the interest of justice is better served by him being unpro any questions about the law or the legal arguments that I've articulated. >> No, thank you very much for those arguments, Mr. Thomas. And then your honor, my client has prepared a statement that he'd like to read to the court, and if the court's fine with him sitting here and reading that statement, I would prefer that. >> Yes. That is fine. Uh, Mr. T, this is the time for your sentencing hearing. Under Utah law in the Constitution, you are entitled to speak at your sentencing hearing. You're not required to say anything, but yes, we can bring the microphone closer to you. Okay, thank you. Go ahead. My name is Jesse Keller Tagger, son of Floyd Fibon Tagger and Julianne Little. I'm the youngest of eight with four boys and four girls. As a little tagger, we are dentists, pavers, builders, instructors, furniture makers, resolution specialists, pilots, nurse, caretakers, mechanics, and finance specialists. All these professions have something in common, and that is taking humans into the better tomorrow. There are many littles and many taggers. I'm one of those paving my future through these same qualities needed for the prior professions I mentioned. Coming from a broken home, I wanted and chose to be the person I needed as a child, a teen, and an adult. A leader by example, and someone that could be looked up to, trusted and counted on for the things that may have come up with others. I look to always do my best and show up to everyone with these qualities I learned growing up. Starting with pub scouts to wolf to bear and finally to boy scouts where my scout master Dave Peterson we called snake got to work much like a paper in my family name. He started to lay that rock solid foundation for me at a very young age. This meticulously constructed and carefully placed foundation is what I am and who I am and how I see myself today. Each camp out and each merit badge has completed another layer of foundation to which I stand tall and strong here today on those same same qualities. They are thrifty, clean, brave, reverent, helpful, courteous, respectful, empathetic, fair, cheerful, and kind to name a few. Dave or Snake as we call him would tire tirelessly help each and every single one of his Boy Scouts from nearly a dozen scout camps during the time to eventually getting my Eagle at age 14 and then following my first and second palm and arrow of light. This is where I saw no better path of who I am and wanted to be and represent during these scout camp outs. This is where I found my true love for the safe and effective use of firearms. I would merily not leave the range, just returning to the end of the line to get in another set of shots and continue to practice on walking my group of shots together. This is when I was introduced into controlling my breathing and trigger pull to be a constant and match each time. I would slowly squeeze the trigger while my body and breath would line to the same stillness. You only fill in complete silence. Far away from the hustle and bustle of a city, I hung my skills with each and every bullet. Fired and listened to my leaders and scoutmaster of each and every little pointer they could offer. Each year, I would hear about Snake going duck hunting and seeing a pile of duckheads and meat he would collect. Seeing these results, I knew Snake had the magic of placing his shot on moving targets. And this was my next step. Snake agreed once seeing my groups of a 22 rifle consistently fit inside the outline of a dime, even showing three or even four bullet holes instead of the common five because my bullets would nearly hit a previous same shot hole. He invited a select few boy scouts with our dads to go clay pigeon shooting. And soon after this first outing, I became a twist, constantly saying and asking, "Please, sir, can I have some more? I could not get enough of hitting small discs flying through the air at various angles heights and paths and was soon upgraded to what was called the added hair. I was hooked as a second clay pigeon disc was added to the thrower with one acting like a bird and the other a hair or a rabbit as if it would fly just a couple feet off the ground. The other the same flighted trajectory of B with many being flushed through the dense dense brush. These absolutely countless sessions is where I confirmed to soak up the skills my scout master weak and called snake would ever effortlessly hit with what seemed like a never missed bullet instilling inside me that perfection is possible. And so I kept asking please sir can I have some more? My young Oliver twist developing into a passion and love and appreciation for what some call a tool, others a gun or a long rifle. From a BB gun to a blow gun, air AR-15 to 308 to a 7 mm. I was able to shoot many various sizes in between those. And once I got my hunter safety completed with my dad after turning 13, with each presenting a different challenge and technique in the shot required to effectively hit them. Once I turned 16, I had moved back and forth between my parents and what felt like dozens of times. The constant bad mouthing, the constant bad mouthing each would do to the other. I'd be living with them and both constantly blaming the other. My damaged mind from these constant attacks at the other made me feel like I needed to talk to the judge handling their 22 year long divorce and my addition of time. I merely soon to be 40 at this time. This is where I discovered my childhood was not the same as others and other kids. And the words that shared my experience as a child, a teen was discussed to be absolute to be abusive by my father. After pouring out the words of my lived childhood, my father was quickly placed soon after in jail for between two and 3 years. It was at this point, my mother uttered the same words she had before at least a half dozen times that I could not live with her. She did not have the money to pay for me. This was after my mom had sold our childhood house in Centerville to her brother and gained around $270,000 after paying off the bank. Nearly every dollar of that money she had spent and gave to a man that she still has is the one in control. by her reactions and her decisions and preventing me from ever having a mother again and being able to live my childhood as a child. I was forced to grow up at a very young age and hold a near consistent job at the age of eight, just eight years old, where I was able to make a whopping $2,500 over a single summer. This money was given to my father to jump from snake oil to snake oil of jobs in what seemed like now. Little did I know the turmoil he was laying in top of my shoulders. The questions I needed to ask and wish I could have did not come until much later in life after detailing with more trauma and consistently. It is in this type of communication that I was never is in this type of communication that I never wanted or would tell anyone until I was well into my adult age that I was unable to realize just how valuable it is to talk to someone about this amount of various traumas I'd be carrying placed upon my shoulders from my non-existent parent for what I had and witnessed from other parents of my friends. This communication questions of things is what I have learned since 2020 that those things must be asked and discussed and I will get to those things now. I want to apologize to the person I shot and the family's affected by that day. my actions caused and that I was never my intention for that. I hope you can see the person I've become since making adjustments and changes and ask questions to and through communication. I should have communicated with the demonstrators before marching what to expect and to look for and how to proceed with their actions as well as what I would do and what I not do for the different scenarios that may present so we could all be on the same page. In not doing so, I failed everyone at the demonstration and of course all of the victims involved. And for this, I created a landslide around them of trauma and their families and loved ones. of which they are still left trying to clear the debris and move forward. This miscommunication or lack thereof is my fault. And I've come to see the value, deep value of just how important communication really is in not just a scenario such as this, but in all areas of my life. And for this I'm very sorry for the consequences left in my wake. I never understood and felt very comfortable about the demonstration suddenly being moved to Provo. And after four plus weeks of daily demonstrations in Salt Lake City, I should have listened to my gut telling me not to go and innervoice more clearly and ask myself questions as to why now? Why so sudden? Why planned this? Who planned this? And did they have intentions of their own? What were their actions in Salt Lake City? And did I agree with those things? This is where I've come to learn that I was a sheep and following going with the flow of things without fully betting the scenario. There's not been a day that has gone by that I have not mentally placed myself in the ring with Mike Tyson, one of the single greatest heavyweight boxers of my time. Just with the weight difference, one punch sent me to my grave with each representing something I could have done differently and avoid the outcome of why we are all here today. With my loud mouth and control and fire burning on my interior Amazon rainforest to the ground, I left no room for my shot collar to clearly assess the situations that I may be faced with. I was hurting deeply inside and continually seeing beautiful humans of color continually dying in the hands of police officers with videos showing the leadup to their fateful last moments of so many. I wanted change and I wanted it as soon as possible, especially before it reached someone I know personally. is I had the beautiful and talented and wonderful and how they treated everyone family of color that I grew up with and took voice lessons for singing from their talent and family bond was still and is today something I hold very dear and close to my heart because I was not able to say the same about mine like I saw some of theirs I still consider my mom and dad as someone I would love to call my mom and dad because of how fiercely they loved and cared for their kids and the lasting impression and example they be with as path of the building black box of who I am today and I will never be able to thank them enough or show them just how much they meant to me. Needless to say, I came from a broken home that seems so reparable just like I see in electronics and cars. But the unwillingness was too great to overcome for my parents. I was also very young when things were decided. So I did not have a full understanding of things and blamed myself for the abuse and mental, emotional, physical damage my dad placed upon my shoulders. At young and innocent mind as well as my family. I had no idea how carrying these things and this seemed in other families it was seemed what seemed like to me work out everything together. For this the fire was internally inside ravaging my rainforesting pain and your misunderstanding doubt no love obscurity and worst of all leading to wonder if I would ever or if I was ever even loved trying to cope with what this meant and would mean for me in the future shortly before my brother succeeded on the second attempt of taking his life away from all of us. He also had mentioned that how he was fearful that he would never be loved ever or find it nor feel it or the warmth and touch of a woman, let alone the rest of his life. I couldn't even respond. I had no words, but I could lead him down a path of making logical sense. My own brother had the same feelings and thoughts I did growing up in much of my earlier adult years. The difference being I had never told anyone these secrets, let alone put these demons out to the internal depths of my deepest pit. I couldn't dig before being stopped by my impenetrable rocks. And this is where I sat frantically looking and thinking and trying to come up with a solution, not only for me, but for my mother and to most importantly my brother. He was on the spectrum and he was diagnosed with autism later in life. Ospers. I never understood this mountain I was climbing solo and was a few Everest high and very dangerous without someone else to aid me and let alone like every Everest. Even the most experienced team is not immune to the wrath you will face with each painstaking and oxygen lacking step that I would be taking. It never crossed my mind that I want a very experienced team to ascend with on my journey looking to find the cure and solution to all these things and realize just now how important it is to have a foundation of support with those and the experience to actually help me and my siblings with burden we all faced in each of our own lives that were trying and thinking I would be able to do this and bring my family to the highest standard I would desire for us and be shown it is possible. from my other set of parents I wish I came from and had as an example of growing up and seeing. I'm very sorry to all the victims in this case and their families for allowing my forest fire to spread to them and their families and their loved ones. If I had a dial of time, I would dial it back to being a kid. Especially if I was able to keep my thoughts and knowledge intact. I'd start to navigate the family and personal boat in the direction of an experienced team to help us all ascend this vast mountain we will be attempting together. Well before that fateful day of June 2020 and well before losing my brother and almost my mother to the same internal thoughts that lead even the brightest and most beautiful lives to be willing to take a 10story plunge. The weight of the pain they were carry would even impress those in the Middle East that move millions of pounds of sand to create things never thought possible in the real world. My words of sorry feel meaningless. I have never felt someone felt hurting someone is anything that is going to bring good. And I'm very sorry I felt that hurt and pain would bring safety and protection. I truly see just how unlike I truly was and have been thought I have changed and made various adjustments since that day 2020 June 29th to bring the best version of myself here today and sure nothing like what happened in my past will affect anyone like I did again and to only be of and aid helpful and understanding and as well as to lay down the arms that I cared that paid for. If so be it, lay down my life if required to prove that point. If communication is not going to work and that just like Jesus, forgiving those that hung him to the cross and took his life, I will continue to strive and always be moving in this direction and lead like him and by example. Again, I want to apologize to all those affected and their families. I know no words I say will change the outcome of that day. And I hope I hope just like Jesus that you two will find it in your hearts to forgive me of my actions that I caused in this mess. with a very heavy heart sincerely say I wish you all the best moving forward if I could or was allowed and willing to do whatever required needed to free you all of the trauma of that unforgettful day on June 29th 2020. I'm so very sorry and I hope one day you can see just who I am now and how I have dedicated myself to helping others. Thank you Mr. Tiger for your statement. Just one. Just one moment, please. I would like to thank everyone who has participated in these proceedings and this sentencing hearing today. I have had a chance to consider all of the materials that have been submitted both in writing and orally. I appreciate the research done by the attorneys throughout the trial and during this sentencing hearing in preparation for this court's decision. This court has been involved with this case now for over five years. And so I am familiar with both the procedures of the case and the facts of the case. As sensing hearing, there is much that is not presented earlier in the case and that has been important for me to hear both from the friends and family of the defendant and the friends and family of the victims. This is a difficult decision for the court because of its gravity and the lives that this decision will affect. I tried to consider principles of Utah law and principles of equity and justice in reaching my ruling. The court will schedule a restitution hearing at this time for Monday, July 13th, Monday, July 13th at 9:00 a.m. right here in this room to consider any monetary requests for restitution. Those can be filed with court or um through contact with the Utah County Attorney's Office. The court also enters a continuous protective order as proposed by the state and filed. It prevents defendant Jesse Tagert from having any contact or communication. with the victims in the case. Defendant has no objection to the order and is now entered and signed by the court. the charges in the case of which the defendant was found guilty and based on the court's granting of the motion for murder. now are one count of riot, a thirdderee felony, one count of aggravated assault, a thirdderee felony, and one count of attempted aggravated murder, a first-degree felony. Based on the evidence the court has heard, statements that have been made, and the purposes of sentencing hearings for the count riot, a thirdderee felony. Court sentences defendant to 0 to 5 years in Utah State Prison an indeterminate sentence. I will not impose a fine in connection with the crime. as defendant will be in prison and in the interests of allowing any resources to be devoted to restitution if necessary as to aggravated assault a thirdderee felony. The court has considered the crime and the statements of again victims in this case for this count. And the court also finds it appropriate and hereby imposes 0 to 5 years in Utah State Prison for aggravated assault, a thirdderee felony. as to attempted aggravated murder, a first-degree felony. As the attorneys have made clear, even though the crime is an attempt and not the actual commission of aggravated murder, code section 76-4-102 for attempt sets forth a presumptive sentence for attempted aggravated murder of 1 to 15 years uh sorry 15 years in prison which may be for life uh and 15 years in prison up to life in prison. The statute 76-4-102 then provides that if when imposing this sentence of course court finds that a lesser term is in the interests of justice and the court states the reasons for this finding on the record the court may impose a term of imprisonment of not less than 10 years and which may be for life or six years and which may be for life based Um, another statute 76-3-46 also has the authority to grant a sentence of probation rather than prison. If the court makes a finding on the record that doing so is in the interests of justice and the actor does not pose a significant safety risk to the victim of the attempted crime or the general public. The primary question, however, is under the attempt statute, if the court believes and finds that a lesser term than 15 years to life is in the interest of justice. The events of this case are tragedy and the court greatly appreciates the insights gained through testimony and statements from Jesse Tagert's family members. The victims in this case have made compelling arguments as well as to why justice needs to be served under the particular facts of the case. Court notes that the jury made very specific findings according to the verdict form. The jury in this case found specifically that Defendant committed attempted aggravated murder by firing a second shot after he had already fired the first shot. As Mr. Dudley was driving away after having been shot once. The evidence in the court's mind shows that for whatever reason, Mr. Tagard at that time on the second opportunity to commit a crime. had found that he intentionally knowingly fired that second shot. the circumstances that all of the victims have testified to align and the evidence of Mr. Tagert's comments and attitude at that time all indicate and shortly thereafter that this was a serious attempt to commit aggravated murder. This judge has tried to give an opportunity throughout all of these lengthy proceedings to allow the law to take its course and have many options for Mr. Tiger to defend himself. And that continues up through today as I've approached this hearing with an open mind. But seeing the impact as everyone has testified that this crime committed uh that that that this crime caused from the acts that Mr. Tiger committed. The court feels compelled to find that the interests of justice will only be served by the statutory penalty that the legislature has set out for this crime. and that is a sentence of 15 years to life in prison. Therefore, the court does impose on this count attempted aggravated murder, a sentence of 15 years to life in the Utah State Prison, and an indeterminate sentence. Again, the court imposes no fines, fees, or search charges in the interests of allowing restitution and because defendant will be incarcerated. Under Utah code 76-3-41, the court now must make a determination whether these three sentences to prison will run concurrently or consecutively. I'm required to consider the gravity and circumstances of the offenses, the number of victims, and history, character, and rehabilitative means of Mr. Tagert. The jury has spoken in the court honors that verdict of the gravity and circumstances of the offense. He was convicted in this case specifically of firing a second shot after having already fired a shot under circumstances that were intended uh to murder Mr. Dudley. He also Mr. tired, gravely frightened of the other victims in this case in ways that they will find it difficult to recover from. The number of victims I am required to consider are obviously at least four that the court has heard directly testify today of Mr. Tiger's direct actions, but the number of victims goes far beyond that as we have heard with the ripple effects of these crimes. The history and character and rehabilitative needs of Mr. Tagert show that yes, he has had a very difficult life and he has engaged in many things during his life that his family and friends have testified are loving and are constructive. But those under these circumstances do not outweigh the gravity and circumstances of the offenses, the number of victims, and his demonstrated rehabilitative needs that the Utah Correction System will provide. For those reasons, I order each of the counts to run consecutive with each other. I recommend to the board of pardons of parole that Mr. Tagert be given credit for all time that he has served in jail to count against his required present incarceration term. Mr. Tiger will now be remanded to the custody of the Utah Department of Corrections to begin serving these consecutive sentences. Mr. Mr. Tiger, you have 30 days from today to appeal this case. If you wish to appeal, you can offer an attorney. An attorney will be appointed for you at no cost. Are there any questions or other matters that I should consider? Mr. Thomas, >> there'll be a motion coming shortly, but we'll deal with that when >> Thank you very much. I'll be available to consider that. Mr. White, anything else from the state? All right. Those are the orders of the court. Again, thank you for all who have participated. Uh, this concludes these proceedings on state versus tiger. >> Your honor, are we allowed to give him a hug before he goes by or no? >> No. >> No, sir. I'm sorry. >> All right. I have um some other attorneys waiting on other cases and I apologize for the delay. Again, I'm just courtesy if there are brief matters that uh you know that you need