A Jackson man accused of killing a local photographer in a drunk driving collision declined Wednesday to argue whether the state has probable cause to keep prosecuting him, and his case rose to the felony-level court.
Jody Utter, 53, is charged with one count of aggravated vehicular homicide, which is punishable by up to 20 years in prison and $10,000 in fines. He also faces a misdemeanor count of drunk driving, punishable by up to six months in jail and $750 in fines.
Florence McCall, 58, a well-known photographer in Jackson, died at the scene of the June 21 crash. She was bicycling onto South Park Loop Road on June 21 when Utter’s vehicle struck her, investigators say.
Teton County Attorney Dick Stout on Wednesday told Circuit Court Judge Jefferson Coombs that he was ready to present evidence in Utter’s preliminary hearing. That’s a hearing whereby the prosecutor has to show that he has probable cause to keep pursuing the charges against the defendant.
A finding of probable cause doesn’t prove the defendant is guilty, but it does green-light felony charges to advance to a higher court where they can advance to trial, which in this case is the Teton County District Court.
Branden Vilos, Utter’s defense attorney, announced a last-minute change of plans to the judge, saying Utter had signed a waiver; meaning he would give up his right to argue whether the state has probable cause.
Absolutely No Driving
Vilos said Utter disputed his bond of $300,000 cash only. Vilos asked for a $100,000 cash or surety bond instead, which he said aligns with similar cases around the state and reflects that, in his view, that his client is not a flight risk.
Utter also has family in Jackson and is a longtime resident, the defense attorney noted.
Vilos offered a provision whereby Utter would not be allowed to drive at all while out of jail on bond.
Stout countered, saying the bond figure was appropriate at $300,000.
“I acknowledge Mr. Utter has significant ties to the community but given the charge and the possible penalties – and the allegations, including that someone lost their life – I’d respectfully request bond be continued as is,” said the prosecutor.
Coombs asked about Utter’s criminal history.
The only criminal history Stout knew of, he said, was a 2006 conviction for battery of a household member and a breach of peace conviction in that same year.
This marks a long stretch without criminal activity, Coombs noted.
The judge met the attorneys in the middle: keeping Utter’s bond at $300,000 but offering him the chance to work with a commercial surety company. He also added the requirement that, should he be freed, Utter could not drive for any reason.
Utter would also be required to undertake alcohol tests twice a day as part of the 24/7 testing program, Coombs said.
The judge then sent the case to the felony-level Teton County District Court. There, Utter can give a plea and proceed to either a plea agreement or a trial if there are no mental competency issues along the way.
Vilos did not immediately return a phone message request for additional comment.
The Crash
The case dates back to the afternoon of June 21, when Teton County Sheriff’s deputies responded with Jackson Hole Fire and emergency medical personnel to the area of South Park Loop and Melody Creek Lane.
Responders were performing CPR on a bike rider who’d been struck by a white Ford vehicle, court documents say.
Teton County Sheriff’s Sgt. John Faicco did not immediately respond Wednesday to a text message inquiry. A National Highway Traffic Safety Administration database says it's a Ford Explorer, based on its VIN.
Sgt. Justin Jenkins, who was among those responding, identified the Ford’s driver as Jody Utter. Jenkins noticed the “strong odor of alcohol” on Utter’s person and breath while speaking with the man, the case evidentiary affidavit says.
“Utter also admitted to Sgt. Jenkins he had consumed alcohol before this incident,” adds the document.
Utter said he was driving west, and the cyclist came onto the roadway, and it was too late for Utter to see her, the affidavit says. During this talk, Deputy Cody Call also smelled alcohol emanating from Utter, Call reported and asked the man how much he’d had to drink.
Three pints of beer, Utter responded, according to the document.
The affidavit says deputies had Utter perform standardized field sobriety tests, which he failed.
Deputies arrested him and took him to the Teton County Detention Center.
About four minutes after Utter’s request, McCall was pronounced dead at the scene.
“Evidence showed Utter was driving at a high rate of speed when he collided with the bicyclist,” the document says.
Investigators found debris where the bike path intersects South Park Loop, directly east of the entrance of Melody Creek Lane. The bicyclist was lying about 200 feet from the first point of impact, says the affidavit.
Investigators also found tire marks, the document says, showing Utter’s vehicle leaving the westbound lane of travel and entering the eastbound lane of travel, where the crash happened.
A citation filed in the case says Utter’s blood- or breath-alcohol content reading was 0.215%.
Clair McFarland can be reached at clair@cowboystatedaily.com.
