Found Deceased UT-5 -Year-Old Elizabeth Shelley Found Deceased (UNCLE ARRESTED) #4

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I mean, yes, many of us suspected, and there's a reason for it. Without the SA, what possible motive would you have to harm a child, right? A child you're related to, no less. So the reason we suspected it is because it makes sense, in the context of the crime. It makes the crime make sense. It frames the crime into something we understand a little bit more. It's still a senseless crime. We're still angry. Like nearly every case here, the victim didn't deserve it, and there just isn't enough justice in the world to cover every case on WS.

I also feel as though Lizzy was a proxy for her mother in AW's mind, and he long may have harbored highly inappropriate sexual feelings for his sister - hence his blinding rage at observing her happy relationship with her life partner.

He makes my skin crawl. I wish he'd slither into a (dark, uncomfortable, pointy-surfaced) hole and disappear forever.
 
I am sure they are but if not, I think LE should take a good look at what and where AW has been the past few years. He made some remark about doing terrible things when drinking (paraphrasing). Has he been out of state? Has he couch surfed with anyone who has children? I am sure his DNA will be run through the database and it should be.
 
One last lullaby: Family, friends pay tribute to slain 5-year-old Utah girl

“I never had any thought of this happening. I’m so grateful that I tucked you in real good, that I said I loved you.”

Jessica said that. She tucked in her baby that night only for her to be stolen by that monster. It's a nice article. I'm too naive to understand that new charges without it really being spelled out. I think for once in my life I don't need all the details or to understand why. Evil is real.
 
Hello everyone,
My first post. Been a long time lurker on the Delphi thread, but this case has really hit me hard as well.

I was just curious, I know the prosecutor promised not to seek the DP as part of the plea, but can't the judge overrule the plea deal / prosecutor if he decided to?
 
Hello everyone,
My first post. Been a long time lurker on the Delphi thread, but this case has really hit me hard as well.

I was just curious, I know the prosecutor promised not to seek the DP as part of the plea, but can't the judge overrule the plea deal / prosecutor if he decided to?

Welcome out of lurkdom. Yes this is a tough one. I don't believe a Judge would ever intervene when a deal is made. It sure would set a dangerous precedent for future deals. I have never seen a case where a Judge stepped in.
 
Hello everyone,
My first post. Been a long time lurker on the Delphi thread, but this case has really hit me hard as well.

I was just curious, I know the prosecutor promised not to seek the DP as part of the plea, but can't the judge overrule the plea deal / prosecutor if he decided to?

Welcome out of lurkdom. Yes this is a tough one. I don't believe a Judge would ever intervene when a deal is made. It sure would set a dangerous precedent for future deals. I have never seen a case where a Judge stepped in.
I think I know what you are talking about - I think when it comes time for a trial/plea, the prosecutor can make a deal with the accused to lessen charges in return for a guilty plea, to avoid a trial, but a judge, I believe, has the final say on that.

I think this is different, and comes before that, as there has been no plea as of yet. They made this deal for other, more important reasons, which were pressing, and would help greatly in the prosecution of this accused. The police chief in his press conference, said they don't go back on their word. They can't. In my mind, to be killed would be so much easier for this person, but he will have to live with this in prison by himself, until he dies of other causes than the government killing him, and I can't imagine how that is going to be easy. jmo.
 
Hello everyone,
My first post. Been a long time lurker on the Delphi thread, but this case has really hit me hard as well.

I was just curious, I know the prosecutor promised not to seek the DP as part of the plea, but can't the judge overrule the plea deal / prosecutor if he decided to?

They may have the power, I know they can sentence differently than agreed to in a plea, etc. I think, however, since he kept up his part of the bargain, it is unlikely and I don't think they would chance grounds for appeal?

This would be a great question for a lawyer to weigh in on here.

I have wondered if they just agreed to take it off the table for the charges at that point in time and maybe whether new charges could allow it to be used?

I still think it unlikely though.

Welcome!
 
I think I know what you are talking about - I think when it comes time for a trial/plea, the prosecutor can make a deal with the accused to lessen charges in return for a guilty plea, to avoid a trial, but a judge, I believe, has the final say on that.

I think this is different, and comes before that, as there has been no plea as of yet. They made this deal for other, more important reasons, which were pressing, and would help greatly in the prosecution of this accused. The police chief in his press conference, said they don't go back on their word. They can't. In my mind, to be killed would be so much easier for this person, but he will have to live with this in prison by himself, until he dies of other causes than the government killing him, and I can't imagine how that is going to be easy. jmo.

Great points.
 
Sorry, having a really hard time with this new news. Does this mean that he sexually brutalized her *both* ways? Or can the second charge also be considered a 'rape' charge? Just can't... :(

Go to the source. The charges are specifically defined:

A person commits sodomy upon a child if the actor engages in any sexual act upon or with a child who is under the age of 14, involving the genitals or anus of the actor or the child and the mouth or anus of either person, regardless of the sex of either participant.

A person commits rape of a child when the person has sexual intercourse with a child who is under the age of 14.
 
I also feel as though Lizzy was a proxy for her mother in AW's mind, and he long may have harbored highly inappropriate sexual feelings for his sister - hence his blinding rage at observing her happy relationship with her life partner.

He makes my skin crawl. I wish he'd slither into a (dark, uncomfortable, pointy-surfaced) hole and disappear forever.

BBM. That would certainly explain a lot. That's a psychological dilemma that's really difficult to resolve.
 
Jessica Whipple is a beautiful writer. There is something whimsical and magical in her words. I hope she's journaling and writing letters to her sweet baby. It really helps keep the grief from becoming an ocean. I think she is a very loving and creative soul and passed that on to her daughter. It seems she turned her childhood pain into something beautiful. If only her brother could have done the same.

Oh I couldn't agree more, and you've said it better than I could have. I've fallen in love with Jessica just as much as sweet Lizzy. <3
 
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Utah man, 21, accused of murdering his 5-year-old niece is charged with rape and sodomy | Daily Mail Online
 
Oh I’m sure they know. They can watch tv in jail/prison. He may be held in Ad Seg away from gen pop for his safety.

I smh at keeping prisoners safe when the last thing they cared about was the safety and wellbeing and rights of their murdered and abused child victim. With low level offenders, yes, keep them safe; with types like he is, and what he did, no.

jmo.
 
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