A jury trial was set for a Perry man accused of attempted murder in Cache Valley after a motion to suppress a significant amount of evidence in the case was denied.
During Charles Warren Leff’s appearance before the 1st District Court on Monday, a two-day jury trial was set to begin on June 10.
Leff, 64, faces five counts of first-degree attempted aggravated murder, four counts of third-degree possession of a firearm by a restricted person and three misdemeanors for incidents alleged to have happened in January. In a separate but related case, Leff also faces two third-degree counts of tampering with a witness and two misdemeanor violations of a protective order.
In September, defense counsel for Leff moved for the majority of the evidence in the case to be suppressed due to multiple unconstitutional searches of Leff’s vehicle during the incident. A decision issued by Judge Brian Cannell last week denied the motion, stating “exigent circumstances” and probable cause justified the majority of the searches in question.
According to the decision, a search of Leff’s vest pockets and a small container in the cabin of the vehicle did lack probable cause, but the evidence obtained will remain admissible due to an inevitable discovery rule — Cache County Sheriff’s Office deputies “would have inevitably discovered the evidence during an inventory search” of the vehicle.
On Jan. 24, deputies allege Leff traveled from Perry to Mendon with the intent to kill several members of his family. According to a probable cause affidavit filed with the court, a family member aware of Leff’s alleged threat called one a victim and said he “was on his way over to her house with a gun to kill her and her family.”
The alleged victim called 911 and reported the threat while Leff was driving outside the victim’s house. The victim, according to deputies, “describes that (Leff) has multiple guns with him in his car and has just driven past her house.”
“In the call you can hear (the alleged victim’s) voice and the sheer terror,” the affidavit states.
Deputies wrote Leff had brought four handguns along with him in his car when he left for Mendon.
Days later, Leff was charged in separate cases for twice contacting an unknown male from the jail and asking him to check on a witness in the case. Documents filed with the court state Leff asked her to recant statements made to law enforcement.