A judge on Thursday denied a Price man's request for a change of venue in his upcoming murder trial.
James William Pendleton is one of three people charged in 7th District Court with murder after 32-year-old Brian William Swink died July 29, 2014, while locked in the basement of a Price "drug house" that caught fire.
Pendleton's attorney had argued that he cannot get a fair trial in Carbon County due to his "negative notoriety."
"[Pendleton] is a lifelong resident of Carbon County and has been involved with the court system since he was a juvenile," argued Don Torgerson in court papers.
In addition to the murder case, a dozen other cases — including drug possession, weapons possession and aggravated sexual assault — have been filed against Pendleton in the past two years.
"Stories referencing [the homicide case] ... have been reported more times than any other local criminal event n Carbon County during 2013 and 2014," Torgerson wrote.
Pendleton is also "easily recognizable," due to significant tattooing on his chest, arms and neck — including "a prominent tattoo visible on his high forehead that reads 'Affliction,' " Torgerson said.
The defense attorney also called the charges against Pendleton "unique and scandalous."
Prosecutors allege that Pendleton beat Swink with a baseball bat for stealing his truck, which allegedly contained illegal drugs, Torgerson noted.
Pendleton, 40, and his co-defendants allegedly then locked Swink in Pendleton's basement as retaliation, Torgerson wrote, adding: "Swink then, for some unknown reason, burned the defendant's house down — perhaps as a way to get help."
Prosecutors, according to Torgerson's motion, consider Pendleton's home a "known drug house," and have characterized Pendleton as a drug dealer, gang leader and enforcer who has a history of beating people with a baseball bat.
"Overall, the defendant is well-enough known in the community in a negative way that there is a reasonable likelihood that a fair and impartial jury will be unavailable," the defense attorney argued.
Carbon County Attorney Gene Strate countered that Pendleton is not a "prominent citizen," and is not that well-known in the community outside of his own personal associates and drug contacts. Strate also argued that many of the trial witnesses reside in Carbon County, and that prosecutors may want to take the jury to see the home where Swink died.
Judge George Harmond, however, denied the motion to change the location of the five-day trial, which is set to begin June 8.
Pendleton — and co-defendants Michael John Dees, 39, and Ashley Ann Platt, 22 — are all charged with one count each of first-degree felony murder, second-degree felony aggravated kidnapping and second-degree felony criminal conspiracy in connection with Swink's death.
Pendleton is facing an additional third-degree felony aggravated assault charge in connection with beating Swink.
Dees and Platt, whose cases have been severed from Pendleton's, are scheduled for trial in August.
shunt@sltrib.com
