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Attorneys Fight Gang Injunction In Supreme Court

719 views · Published 5 June 2013 · 2:27 · Indexed 1 October 2026

Channel: KUTV 2 News Salt Lake City · 2013 · News & Politics

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By Christine McCarthy(KUTV) With the American Civil Liberties Union on their side, defense attorneys in Utah's high court on Tuesday morning challenged an Ogden gang injunction that restricts people determined to be members of the Ogden Trece gang from associating with one another in public, possessing guns and staying out past 11 p.m. Randy Richards, who represents three men on Weber County€™s injunction list, called it clearly overbroad and clearly unconstitutional on many levels.€ You're talking the First Amendment, you're talking Second Amendment, you€™re talking Fourth, Fifth, Sixth, Eighth, Fourteenth,€ Richards said outside Utah's Supreme Court chambers. €œAll of those amendments are violated.€Chase Aeschlimann, Richards' client, is on the county's list along with brother, but he denied being involved in the gang, claiming he was mistakenly identified.If I wanted to go to the store with my own brother, Aeschlimann said, We'd catch a misdemeanor, get a fine.Aeschlimann is required to keep a full-time job for a year in order to have his name taken off the list, but, because of disabilities, he is unable to work more than part time and might never be cleared, Richards said.The injunction that was issued by Judge [Ernie] Jones requires only that they be identified by a police officer as a gang member. Then they move on, Richards said.But Weber County Attorney Dee Smith said the injunction, which has been in effect since September of 2010, has cut down on murders, thefts and drug deals committed by a gang of about 300 members.The citizens of Weber County have the right not to live with violence and intimidation, Smith said.The justices focused on how to serve the injunction properly, questioning both parties.Defense attorney David Reymann argued gangs are not established organizations or businesses and cannot be sued. Therefore, he said, individuals should be served.Smith, however, called the gang an organized entity and a moving target, with members in prison or on the run and managers - or shot callers unwilling to identify themselves as gang leaders. He said it's necessary to target that organization as a whole through the injunction.Who's making decisions today is going to be different next week, Smith said.The hearing concluded before noon, without a set timeline on when a decision will be made.Smith said, depending on the court's decision, the county could take similar action against other gangs in the future.If there are additional gangs that are creating a public nuisance, then we'll use every legal remedy available to us, Smith said.(Copyright 2013 Sinclair Broadcasting Group)

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