WEST VALLEY CITY, Utah, Jan. 14, 2017 (Gephardt Daily) — A juvenile suspect has been charged as an adult in the fatal shooting that occurred on Christmas Eve morning in a Shopko parking lot in West Valley City.
David Ivan Diaz, a Kearns 17-year-old also known as Lil Knuckles, has been charged with first-degree felony murder in the death of Gary Hart, 34, of West Valley City.
Diaz also was charged with seven first-degree felonies and discharge of a firearm with serious bodily injury.
Charged earlier in the same case is Martin Daniel Diaz, 25, of South Salt Lake, who in December was booked into the Salt Lake County Jail for one count of first-degree felony murder, two counts of second-degree felony attempted murder and one count of first-degree felony discharge of a firearm with injury.
Witnesses told police the Diazes are cousins.
According to a probable cause statement for the younger Diaz, police were called to the scene, at 4850 W. 3500 South, at 4:04 a.m. Dec. 24 on a report of shots fired.
Officers found victim Hart, dead from a gunshot wound to the chest. They also found victim Ernest Jones on the ground, with multiple gunshot wounds, calling for help. Jones was transported to an area hospital.
A woman at the scene, N. MacIntosh, told officers she was Hart’s wife, according to the probable cause statement. MacIntosh reportedly said that she and several others had been at a party nearby when Dwight Malloy, a resident of the home where the party was held, sent people away.
Malloy said the party ended because it got too loud. Two witnesses interviewed by police said the party ended after a gang fight broke out.
According to two witnesses, they had called teen David Ivan Diaz, described as a superior member of their gang, asking him for a ride home and arranging to meet at the Shopko parking lot.
Shortly afterward, Hart, Malloy, Jones, MacIntosh and one other person got into a gray minivan to drive around and make sure guests had left the area. The group spotted a black car containing the Diazes in the Shopko parking lot, according to the probable cause statement, and drove close.
According to the statement, Martin Daniel Diaz and David Ivan Diaz got out of the black car and asked the minivan’s occupants their gang affiliation. When someone in the minivan answered, witnesses said, both Diazes started shooting, and at least one person from the van fired back.
Investigators went to the party site and questioned Malloy, who had a grazing bullet wound to his back.
Jones was treated for six gunshot wounds. One to his shoulder broke his scapula; one below his sternum perforated his stomach and lacerated his kidney; one to his mid-chest punctured his lung and diaphragm; one to his lower chest required a bowel resection and fractured a vertebrae; one to his hip broke his hip bone; and one bullet went through his nose.
The younger Diaz was formally charged on Friday in Third District Court and is being held on $1 million bail.
