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

[KentuckyMama]

Under the count of CRIMINAL HOMICIDE, AGGRAVATED MURDER, there is listed, in section (d,) aggravated arson, arson. For some murder cases, this is appropriate but it's not true in Lizzy's case. It's still on the list though.

Each item on the list below the count of aggravated murder is part of a generic list used with Utah's murder cases. The list includes any possibilities which may or may not apply in order to justify the count of aggravated murder.

I find it easier to read those lists under the COUNTS this way:

Every comma or new labeled line (such as 1, 2, 3, etc... or a, b, c, etc) = "and/or~or possibly" Stated that way, it's clear that the entire list leaves room to choose or reject what's on the list as more information becomes available through discovery.
(Recently, in the Rhoden case, the state of Ohio, had written the charges up this way and so they were much easier to understand, imo.)

Without having Lizzy's body for autopsy the COUNT of S/A would not be listed as no available evidence could justify the charge. However, now, after autopsy and if evidence exists, I should think a charge of S/A will be added.

There is no need to add a charge for sexual assault or rape. It's already included in the aggravated murder charge.

 

[Seattle1]

Mother speaks during community candlelight vigil for Elizabeth Shelley

Video of JW speaking at link above

 

[Seattle1]

‘So proud to be your mom, always and forever,’ mother of Lizzy Shelley says at vigil

Norman Black, the father of Whipple's fiance, Detrich Black, thanked the somber crowd for their support.

"It does my heart good to be with you, a loving and a caring community. As much as it hurts having experienced this past week, there has been a silver lining," Black said. "If suffering must be endured, then I am happy to do it here in Cache Valley."

He and other speakers during the brief ceremony reminded those in attendance to take time to appreciate nature. Black's voice choked as he said she would want them to "marvel at the vision that is a rainbow."

Detrich Black held Whipple throughout the event but did not speak. Candles were lit in Lizzy Shelley's memory after her mother said the young girl had "illuminated my heart."
[...]

Logan Police Chief Gary Jensen spoke at the ceremony, attending by a number of uniformed officers.

He said it "feels like a piece of our innocence is gone." But Jensen said he believes the community can recapture some of what it lost by remembering Lizzy Shelley and the delight she took in the world around her.

"Think about Lizzy," he said. "This is a wonderful community that we live in. This is a terrible situation that occurred. But we have a role model now. Her name is Lizzy."

 

[Boxer]

No. Abuse as a child which causes mental health issues is not the same a legally insane which is extraordinarily rare. Legally insane people don't try to hide what they did or cover it up or lie about it.

I remember a law professor I had talking about his days as a federal defense attorney. He had a client who sat under counsel table crapping himself. Not found insane enough for an insanity defense.

Few are. A troubled childhood is nothing. They all (criminals) had a troubled childhood.

Regardless, there is no insanity defense in Utah.

Glad to know insanity is not an option.
And I am sure that Elizabeth's mother also had a less than ideal childhood.
There are many, many people with very serious mental health issues in the USA and they don't do this. There are many, many slackers out there, who never in a billion years would hurt a child.
There is no reason for this crime except he is so self centered that he can justify his hurting others as somehow a reasonable reaction to the world, extending to even hurting a child, even his own niece.

He even used her dead body to make a deal and avoid the DP, which is an appropriate consequence for his actions, since there is no chance it is a wrongful conviction. Remorseful people don't "make deals," they accept just consequences. If he ever emerges from his grotesque world of himself, MOO he will actually be very sorry he dealt away his possibility of atonement by DP.

 

[StarEyes]

http://kslnewsradio.com/wp-content/uploads/2019/05/WHIPPLE-PC.pdf

What a piece of trash*** garbage that brother is! The charges are just horrific. Due to something heinous that happened to me involving objects, I went cold reading about the pipe. I do not know exactly what was done with that pipe, but if it was used in the same manner as I experienced, I pray sweet Elizabeth was dead first. I hope he killed her immediately, rather than she breathe a single breath during the heinous horrors he likely acted out. I wish she was still snug in her house, protected from evil, not a victim of an insidious evil such as AW. I am too horrified for more words...
jmo

 

[littlegreen]

Jessica is so young.

 

[ilovechili]

LOGAN, Utah (AP) - Police were able to quickly connect a man to the disappearance and death of a 5-year-old Utah girl using a new type of DNA test that can produce results within hours, authorities said.

Logan police used a Rapid DNA test to link Alex Whipple to the Saturday disappearance of his niece, Elizabeth "Lizzy" Shelley, KSL-TV reported .

The Rapid DNA machines allowed investigators to match the evidence within hours, leading to Whipple being charged with aggravated murder and other counts before the girl's body had been found, said Nate Mutter, a special agent with the state attorney general's office. The process of matching DNA can take weeks.

The attorney general's office has two of the machines.
Utah police used new DNA test to link man to child's death

We all wondered how they got the DNA results so quickly. Does every State have the Rapid DNA machines? I think this is the first time I have ever heard this mentioned in a case?

I am a couple of pages behind on the thread so have not seen the other responses to this, but I learn something in every case and this is amazing. Even if it is something that then has to be tested further for a more in depth evidence result for court, I would imagine this could result in far quicker results that are enough for warrants for searches, arrests and so forth. It is the first case I have ever seen it in that I am aware of. In responding to your bolded remark, I would like to see them in every state and available to all LE if the case warrants the necessity and if it could make a difference.

It did not save this child but I can believe in some cases, such a quick turnaround could possibly save a victim/many victims.

Jmo.

 

[Idunno]

Same. I haven't stopped thinking about what her mom is going through, knowing that it was her own brother, who she loved & I'm sure Lizzy loved him too. I don't know how you get past something like that. She will blame herself forever, even though she did nothing wrong.

I totally agree. My heart hurts so badly for her mom. I have 3 brothers and an 8 year old daughter and I can’t fathom how painful it would be in her shoes. I don’t think I could cope. I’d just throw up all of the time. I cannot imagine the strength she’s going to need just to move on. Just imagining it hurts my heart and soul.

 

[Idunno]

just watched the video of Lizzie's mom speaking at the candlelight vigil. Emotianlly devastating to watch. Her description of Lizzie's personality reminds me of my daughter at that age. So many things in common with my own wild child. My heart breaks for Jessica. I think she did an good job of helping us to know who Lizzie was and honoring that memory. I don't know that I could have gotten through it in her shoes.

“Lizzy, my unique wild child, I love how much you love nature. You always kick off your shoes and let the earth touch your feet. We always adventure on the path less taken, your goals are always searching and hoping for a stream, a river or even a lake to dip your feet, or possibly jump right into the water. You love so many things, beautiful things that you want to share, like giving picked flowers to people or rocks that you would find. My friend called me today to tell me that she still has a rock that Lizzy gave her in her pocket and that makes me so proud to be your mom, always and forever. You are the best sister, always so helpful and so kind. You’ve taken so much time teaching your sister kind things, watching you reminds me to always be kind too,” Jessica continued.

[snip]

“I want to light a candle in your loving memory, I light this candle for you because you have illuminated my heart. I love you, and daddy loves you, and Maddy loves you.”

INSTANT TEARS. She is so strong.

 

[deugirtni]

Mother speaks during community candlelight vigil for Elizabeth Shelley

Video of JW speaking at link above

Gutwrenching. I couldn't have been so brave. The poor 'dad' looked like he was barely holding it together too, as he supported his wife.

 

[pepper 34]

LOGAN, Utah (AP) - Police were able to quickly connect a man to the disappearance and death of a 5-year-old Utah girl using a new type of DNA test that can produce results within hours, authorities said.

Logan police used a Rapid DNA test to link Alex Whipple to the Saturday disappearance of his niece, Elizabeth "Lizzy" Shelley, KSL-TV reported .

The Rapid DNA machines allowed investigators to match the evidence within hours, leading to Whipple being charged with aggravated murder and other counts before the girl's body had been found, said Nate Mutter, a special agent with the state attorney general's office. The process of matching DNA can take weeks.

The attorney general's office has two of the machines.
Utah police used new DNA test to link man to child's death

We all wondered how they got the DNA results so quickly. Does every State have the Rapid DNA machines? I think this is the first time I have ever heard this mentioned in a case?

As of December 2018:

"Thirty states and the federal government allow DNA to be taken at the time of arrest. Sixteen states allow it to be analyzed immediately, and in the other 14 states, DNA may be taken at arrest but not analyzed until after arraignment on charges."

https://www.washingtonpost.com/crim...base-checks-arrestees/?utm_term=.a5ed415c07c9

 

[moonlessnight]

I'm so sorry for your experience, and I share your hope that she was somehow gone already.

What a piece of trash*** garbage that brother is! The charges are just horrific. Due to something heinous that happened to me involving objects, I went cold reading about the pipe. I do not know exactly what was done with that pipe, but if it was used in the same manner as I experienced, I pray sweet Elizabeth was dead first. I hope he killed her immediately, rather than she breathe a single breath during the heinous horrors he likely acted out. I wish she was still snug in her house, protected from evil, not a victim of an insidious evil such as AW. I am too horrified for more words...
jmo

 

[pepper 34]

There is no need to add a charge for sexual assault or rape. It's already included in the aggravated murder charge.

It's included in a list of items that justifies the charge/count of aggravated murder but so are many other items that don't pertain to this case. Can't S/A also be brought forth as a separate, 6th charge on it's own merit? Since S/A is a chargeable offense, with or without a charge of murder/aggravated murder, it seems it could be. IAMAL (obviously)... but I would like to see a S/A charge added if it's not redundant. At least I would like to see S/A highlighted in some way so it is apparent rather than just "lost" inside a long list of possible offences committed before, during, or after the murder. I wonder how that is done. Maybe @gitana1 can help answer this question?

 

[oviedo]

So profoundly sad for Lizzy and her family - I planted lavender and coleus today as I know she loved the colors of the rainbow

 

[janewall]

The charging docs are quite misleading,they list descriptions of acts that could all constitute a certain charge,so any one of those things,more than one of those things etc COULD have happened but not that they necessarily did.
I hope I explained that right,maybe someone like @gitana1 can say it better?
I think now they have done the autopsy they may adjust the charge sheet accordingly?

I agree. Another way it could be phrased is: "At least one of these things happened and resulted in this charge."

That does not mean ALL or most of them happened.

Or maybe I'm referring to a different document? I'm thinking of the one that lays out the early search procedure, LE interviews with Lizzy's parents and AW, what was gleaned of AW's movements throughout the night, and culminates with the list of charges being laid.

MOO

ETA: @ClaireNC expressed this better than I did; sorry I replied before reading further!

 

[FleurQualia]

Has SA been officially confirmed? Even though this case screams SA to me, I am foolishly holding onto hope that is not the case.

I mean, murder itself is horrific, but to defile poor Lizzy like that on top of it is just awful.

 

[janewall]

Has SA been officially confirmed? Even though this case screams SA to me, I am foolishly holding onto hope that is not the case.

I mean, murder itself is horrific, but to defile poor Lizzy like that on top of it is just awful.

It has not been confirmed, and I'm hanging onto that hope as well, although the rational side of me is girded for the worst news.

 

[Rosydecember]

It's included in a list of items that justifies the charge/count of aggravated murder but so are many other items that don't pertain to this case. Can't S/A also be brought forth as a separate, 6th charge on it's own merit? Since S/A is a chargeable offense, with or without a charge of murder/aggravated murder, it seems it could be. IAMAL (obviously)... but I would like to see a S/A charge added if it's not redundant. At least I would like to see S/A highlighted in some way so it is apparent rather than just "lost" inside a long list of possible offences committed before, during, or after the murder. I wonder how that is done. Maybe @gitana1 can help answer this question?

Yes, SA can be added as a separate charge and most likely will be added if that’s what happened. IMO

 

[borndem]

dbm

 

[Doghairrules]

Because one of these mothers loved and cared unconditionally for their baby girl,and her loss is felt deeply and the other "mother" at best failed her child at every turn and at worst,well lets not go there!

I don’t disagree with you. But I also see a difference in the resilience of these two women. Seems both grew up with some trauma, but just one of them had some protection against it. That’s not a defense of BB and the way she parented.