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Utah man who killed his ex-wife’s husband sentenced to prison term of 21 years to life

Courts • Fred Lee shot and killed Mike Sidwell as Lee’s 5-year-old granddaughter watched.

Provo • For Joy Sidwell, the only way justice could ever be served for her husband's death is if the man who killed him — her ex-husband — is never free again.

Referring to him as "the murderer," Sidwell asked a 4th District judge on Monday to sentence Fred Richard Lee, 62, to a lengthy prison sentence to pay for all the things he took away from her family when he shot and killed 42-year-old Mike Sidwell on July 3, 2014.

It was a planned killing, Joy Sidwell said — though her ex-husband had actually been looking to fire a bullet at her when he shot 42-year-old Mike Sidwell twice as Lee's 5-year-old granddaughter watched.

"If I would have been home," the woman said, "I would have been dead also. My husband took my bullet."

As she clutched an engagement photo of herself and her late husband, Joy Sidwell sat at the witness stand and told Judge Derek Pullan that she only had the chance to be married to Mike Sidwell for three years. He was a sweet, kind man, she said, who loved his family and cared for her 5-year-old granddaughter as if she were his own.

In fact, on the day he was shot and killed, Mike Sidwell had been watching the young child at his townhouse as Lee went door to door with a shotgun and a handgun, searching for his ex-wife.

When Mike Sidwell tried to stop Lee from entering the apartment, Lee fired the handgun twice and killed the man before searching the apartment for his ex-wife.

Joy Sidwell said her granddaughter watched the violent encounter, and still has nightmares about it.

"She's still scared in her house," the woman cried. "... She's afraid that bad man is going to come back and kill her. How is she supposed to cope with this stuff?"

After hearing Sidwell's family's pleas for a long sentence, the judge ordered Lee to spend up to life in prison on Monday and ordered all counts to run consecutively.

In June, Lee pleaded guilty to first-degree felony murder, first-degree felony aggravated burglary, second-degree felony stalking and third-degree felony domestic violence in the presence of a child. Other charges were dropped as part of a plea deal.

Pullan sentenced Lee to serve indeterminate terms of 15 years to life for the murder, five to life for the burglary, one to 15 for stalking and a term of up to five years for the domestic violence count, for a total sentence of 21 years to life.

As he was led into the courtroom Monday, Lee smirked at his ex-wife before taking a seat next to his attorneys. He offered an apology to her and to his granddaughter, saying he was "deeply troubled" that she witnessed such violence. He also offered thanks to the prosecutors, his attorneys and the judge for "being so kind to me."

He ended his remarks by saying, "I wish Joy would be a little more understanding with me," which was met by gasps from the gallery and an admonition from the judge to the audience.

Most of those who spoke at Lee's sentencing had harsh words for the man, calling him "selfish," "cruel" and an "evil man."

The victim's daughter, AuBree Barnes, said Monday that she wished Lee would be forced to have a picture of her father hanging in his jail cell as a reminder of the pain he caused.

"I hope prison becomes a miserable hell for you," Barnes said. "… You know, Fred, I don't hate a lot of people. But you are definitely one of them."

One person spoke in Lee's defense — his daughter, Amanda Lee, who told the judge that her father had suffered a brain injury and isn't "wired right."

"He's not a cold-blooded killer," the woman said between sobs. "My dad makes me madder than anything; I don't agree with what he does. But I know he's taking responsibility for his actions. That's why he didn't go to trial."

Lee spent more than two years at the Utah State Hospital after a judge found that he was not competent to stand trial on the charges. Earlier this year, he was found competent and resolved his case with the plea deal.

After shooting Sidwell, Lee broke into two other apartments in search of his ex-wife. He eventually dropped a rifle, handgun and folding knife on the lawn and left the area.

When police found him, he admitted that if he had found his ex-wife, he would have killed her and then himself, charges state. Lee also said that he had not killed himself because his mission was not complete because he "did not get" his ex-wife, according to charges.

Joy Sidwell filed for divorce in 2005, which was finalized in 2009, court documents show. Three years later, the court entered a mutual restraining order for the couple.

A year after that, the woman requested a civil stalking injunction against him.

A temporary stalking injunction was issued Aug. 29, 2013, ordering Lee to stay away from his ex-wife at her home and work addresses. A judge also ordered Lee to not possess any "weapons, guns and swords."

A permanent stalking injunction followed.