A 1st District Court judge heard evidence Monday in a case presented against five people accused of harassing a family who became stranded in Blacksmith Fork Canyon last year and causing them to fear for their safety.
A portion of the Memorial Day incident was captured on video and uploaded to YouTube, where it went viral. According to former Cache County Detective Brian Groves, the video also led to the identification of each of the five defendants.
While testimony was presented, defense attorney John Webster, who represents all five of the defendants, asked the judge for the ability to provide argument in writing before the judge determines what charges the defendants will be bound over on.
Cory Durney of Tremonton, 42, was charged with rioting and aggravated assault, both third-degree felonies. He was also charged with criminal mischief and causing damage with intent to defraud, a class A misdemeanor.
Rikki Durney, 39, of Tremonton, was charged with rioting, a third-degree felony.
Samara Nielsen of Harrisville, 20, and Braxton Haderlie of North Ogden, 22, were both charged with rioting, a third-degree felony, and threatening or using a deadly weapon in a fight, a class A misdemeanor.
Wyatt Pack was charged with threat/use of a dangerous weapon in a fight, a class A misdemeanor; rioting, a third-degree felony; assault, a class A misdemeanor; assault, a class B misdemeanor; theft by extortion, a class A misdemeanor; and threat of violence, a class B misdemeanor.
During Monday’s hearing, Cache County prosecutor Griffin Hazard played a portion of the video before calling Groves on the stand to testify about his investigation of the case.
A portion of his testimony included written statements taken from Jose Caballero, his wife and his son, along with statements provided by a couple who tried to intervene and received some of the same treatment.
Also included was Groves’ testimony regarding his interviews and/or statements taken from each of the defendants, which included some of the defendants’ reported belief that Wyatt Pack overreacted and “the whole thing was blown out of proportion.”
“He didn’t think anyone should be talked to the way Jose was talked to by Wyatt,” Groves said of his conversation with Corey Durney.
There was some dispute regarding who was packing a gun and whether those guns were holstered, on the hip, or left in vehicles.
Jose Caballero testified as well, saying he was afraid for his family. Webster drilled him about the events that happened, the repairs made to his truck and his failure to refuse when Pack demanded payment for moving his truck and trailer.
“I didn’t want to have problems with anyone,” Caballero said.