A 19 year old Utah teen has been arrested for attempted homicide charges after he hit intentionally hit a child on a scooter.
19 year old Steven Becky of Draper, Utah was driving erratically down the wrong side of the road when he saw an 11 year old girl walking her scooter. Becky then veered his vehicle from the left lane all the way to the right, striking the girl walking. Following the auto pedestrian accident, Becky was clearly under the influence of drugs and behaved in an aggressive manner to those on scene. When authorities questioned him, he waived his Miranda rights and admitted to hitting the girl intentionally.
Becky was booked into the Utah County Jail on multiple charges including second degree attempted homicide. Utah Code 76-4-101 states “a person is guilty of an attempt to commit a crime if he . . .
(a) engages in conduct constituting a substantial step toward commission of the crime; and
(b) intends to commit the crime; or
(c) when causing a particular result is an element of the crime, he acts with an awareness that his conduct is reasonably certain to cause that result.”
Section 76-4-102 adds “Criminal attempt to commit [homicide] . . is a first degree felony punishable by imprisonment for . . . not fewer than three years and which may be for life”.
Under the influence of drugs not a defense
Police determined that Becky was under the influence of multiple drugs including some hallucinogenics. Utah Code 76-2-305 states “A person who asserts a defense of insanity or diminished mental capacity, and who is under the influence of voluntarily consumed, injected, or ingested alcohol, controlled substances, or volatile substances at the time of the alleged offense is not excused from criminal responsibility on the basis of mental illness if the alcohol or substance caused, triggered, or substantially contributed to the mental illness.” While Becky may have not had control over his actions or intentions while under the influence, he made the choice to take drugs and therefore cannot use that as a defense. Anyone facing charges for criminal activity while intoxicated or high on drugs should consult with legal counsel regarding their options.