By Aidan Mortensen | KOAL News
On Tuesday, April 15, attorneys gathered for the sentencing hearing of David Earl Holden. Holden – who was arrested on Thursday, Dec. 5 in Price after he attempted to run over children at the Dino Mine Park – at first faced charges of attempted murder.
Accepting a plea deal, the initial charges of attempted murder, using a weapon in a fight, reckless driving, and making a threat of violence were dropped to three charges of aggravated assault, a third-degree felony, and Threat/Use of a dangerous weapon in a fight; a class A misdemeanor.
Several witnesses – who were only referred to by initial due to being juveniles – testified that they were almost hit during Holden’s rampage.
Speaking for the state, prosecuting attorney Christian Bryner argued against leniency in the case: ” He’s simply not suitable for probation, your honor.” He backed this claim by citing Holden’s criminal history, which he said only had a break between 2006 and 2007.
“I’m worried he poses a risk to everyone,” added Bryner.
According to witnesses in the booking affidavit, the incident started when Holden got out of his car and spit on the window of another vehicle. When the driver of the vehicle got out to confront Holden as to why he did it, Holden reentered his vehicle and began to “drive erratically, chasing children through the park.”
Defense attorney David Clifford discussed these circumstances, saying that although the incident did begin with the spitting, it escalated when the juveniles blocked the exits to the park, got out of their vehicles, and approached Holden in a threatening manner. Clifford stated that although these circumstances don’t excuse Holden’s actions, they should be taken into consideration.
Addressing the courtroom virtually, Holden provided his closing statement,” I didn’t mean to hit anyone with my truck that day.”
Delivering his sentence, the honorable Judge Gregory Lamb said that he believed prison was necessary in this case. ” While the situation may have escalated, you had plenty of opportunities to retreat.” This – in combination with Holden’s high criminal history score – led the judge to hand down a guilty verdict.
Holden was sentenced to 0-5 years in prison for each assault charge with an additional year for the misdemeanor.
In a courtroom outburst, Holden interrupted the judge, exclaiming,” Why did you condemn me? Why did you condemn me when nobody died?” This interruption prompted Judge Lamb to mute Holden before adding, “If you didn’t want to do that, too bad.”
Holden’s sentence will be served concurrently in the Utah State Prison.