SALT LAKE CITY — A man who was convicted of a 2017 murder in Murray will remain in prison after the Utah Court of Appeals upheld his sentence on Friday.
Lucas Marc Deprey, 26, was arrested in Oregon about a week after he walked up to a car in the parking lot of Check City, 98 E. 4500 South, opened the door and shot Ever Hernandez.
Hernandez left the parking lot, drove onto State Street and hit two other cars before police found him in the vehicle, dead with a gunshot wound to his head.
Deprey claimed he was entitled to a mistrial, arguing that a detective testified that Deprey had admitted during an interrogation that he was a felon who could not own a gun. He said statements from that interrogation should have been suppressed because the detective had discouraged him from asking for an attorney.
He claimed in the appeal that his defense attorney did not argue that the detective gave an inadequate warning that Deprey had the right to remain silent. He also claimed that there was a jury instruction his attorney should have objected to.
The appellate opinion said Deprey was waiting in the parking lot on Oct. 25, 2017, for his mother to show up when a car drove in. Deprey claimed he recognized the driver as a rumored cartel member who had sold drugs to his friend. Deprey said at trial that he had heard the driver threaten to kill that friend and that he had not heard from that friend for a few days. He testified that he heard a rumor that he “was next” because he had heard the man threaten his friend.
He also claimed the man threatened him in the parking lot. Security footage, however, showed Deprey approach the driver’s car, pull out his gun, fire a shot and run.
Deprey visited a friend’s motel room, met his mother and hitchhiked to Oregon, according to the opinion. He was arrested after police say he contacted an acquaintance on social media and asked for money to help him flee to another state.
The appellate court said Deprey was read his rights before the interview and asked questions about getting an attorney. During the interview, he signed a witness form saying he saw the car pull up and went to talk to the driver.
The form said the driver told him, “Mind your business unless you want to get killed too,” before he fired the gun.
In his statement, Deprey said, “There, are you happy now? Give me my time or death sentence. I’m ready to do my time. Bring it.”
The appellate court agreed that a jury instruction that misstated the burden he needed to reach to prove he was under extreme emotional distress was “flawed,” but said Deprey did not show it caused prejudice against him. It also determined that his arguments about suppression of his statements during that interview did not help his case.
Deprey was sentenced in February 2020 by 3rd District Judge Dianna Gibson to a term of 15 years to life in prison for murder, a first-degree felony, and two terms of one to 15 years for possession of a weapon as a restricted person and obstruction of justice, second-degree felonies. The judge ordered the sentences to run concurrent.
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