Teenager accused in Rory Swimm shooting to be tried in adult court

A schoolboy facing charges for the fatal shooting of a Dundee-born man in the United States is slated to undergo trial for first-degree murder in an adult court. Prosecutors in Utah allege that the teenager killed Rory Swimm with a single gunshot in Salt Lake City in October of the previous year. The incident occurred 50 days before the suspect’s 16th birthday, which led to him being initially charged as a juvenile, thereby limiting the potential sentence if he were found guilty. A judge has now determined that he should be tried as an adult, meaning a conviction could result in a sentence of 15 years to life. Rory’s mother, Susan Swimm, who hails from Glasgow, was present in court with her American husband Robb and their daughter Maggie to hear the judge’s decision. “I feel a tremendous amount of relief,” she said. “We have been living in a complete state of torture waiting to find out what this judge was going to rule.” “Rory’s murderer was 50 days short of his 16th birthday. Had he been 16 years and one day, he would automatically have been charged as an adult.” “It’s taken 14 months and three days to get to this stage.” “We can now go into Christmas knowing that some justice has been served for Rory.” The 23-year-old, who moved with his parents from Fife to Colorado when he was six weeks old, had been out drinking with friends when they became involved in an early-morning dispute with three teenagers outside a 7-11 convenience store. Rory was shot through the heart before the two groups had even exchanged blows, and he died at the scene. The casing from a 9mm bullet was discovered approximately 30 metres from Rory’s body. Police tracked down the suspect and located a handgun in a locked safe in his bedroom. His grandfather had given him the weapon as a present. Detectives believe the fatal shot was fired by another handgun that has not yet been found. They state that a photograph taken earlier that night showed the teenager holding two guns, one of which was equipped with a green laser device. CCTV footage reportedly showed a green light reflecting off the trunk and branches of a tree at the crime scene. Prosecutors argued that the killing was “a senseless random act of violence perpetrated against a group of complete strangers.” They contended that trying the teenager as an adult was necessary to protect the community. Had he been convicted of murder as a juvenile, the maximum sentence he could have received was nine years and two months. The suspect’s defence lawyer informed BBC News that his client is pleading not guilty to the murder charge. “He was defending himself from a violent attack by Mr Swimm,” said Rudy Bautista. “He was charging towards my client with a skateboard held above his head as if he was about to strike my client with it.” “We will be arguing that my client was defending himself and is entitled to an acquittal.” Salt Lake County district attorney Sim Gill clarified that under Utah’s criminal justice system, anyone accused of committing murder while under the age of 16 must be formally transferred to the adult system. That decision was made by the Third District Juvenile Court. He said: “Should the juvenile be convicted of murder as an adult, the defendant faces a mandatory prison commitment of 15 years to life in prison as determined by the Utah Board of Pardons and Parole.” Rory Swimm was a passionate skier and skateboarder who returned to Scotland every year to visit relatives. His father Robb hopes his son’s death will lead to changes in Utah’s gun laws but acknowledges it will be an uphill struggle. “Utah is very much pro-gun so it’s very difficult to present anything that comes off as anti-gun.” “In that way I think justice is not really being done here.” “It’s the bare minimum of justice is what our family is receiving.” Rory’s family and friends have established a foundation in his memory. They state their intention is to “teach young kids the importance of empathy and the value of life.”