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Show Stack Gets Extension on Preliminary Hearing Ruling Accused killer Brian Keith Slack is cuffed following Courthouse Tuesday by Sheriff KtVh Fackrell. Stack's session of preliminary hearing at Garfield County attorneys were given extension to submit memorandum A motion by defense attorneys to continue the decision of a preliminary hearing for Brian Keith Stack, 18, until briefs can be filed concerning a technicality of the law, was granted Tuesday by Tenth Circuit Court Judge Louis G. Tervort following a two-day preliminary hearing in Panguitch. Stack, of Woodstock, 111., has been charged with first degree murder in the Nov 7, 1978, death of Utah Highway Patrol Trooper Ray Lynn Pierson. Following the testimony of seven witnesses, Judge Tervort granted Stack's attorneys until Feb. 22 to submit briefs before deciding if Stack should be bound over to Sixth District Court for trial. Judge Tervort said following the Feb. 22 date, a decision will be made in the case. Stack also waived his right to a speedy trial in order for the extension of time to be granted. All witnesses were called by the state, and included Edward Tiner, Salmon, Ida. ; Edward T. Williams and William T. Williams, son and father, Butte. Mont., all of whom testified to a pieces of property involved in the case. I Others appearing at the hearing, V- which was closed to the public, were Mrs. Phyllis Hammons, who, with her I husband, Howard, operate a service station at Cove Fort; Garfield County I Sheriff Keith Fackrell who testified in 1 regard to events of investigation at the J scene of the murder near Bear Valley jl Junction; Brent Fowles, Ephraim, and formerly of Cedar City, who testified f relative to the apprehension of the defendant near Beaver, and Dr. John Wallace Graham, of the state medical examiner's office, who related the findings of an autopsy performed on the body of Trooper Pierson. There were no defense witnesses at the hearing. Following the hearing, Stack was remanded to the custody of Sheriff Fackrell. He is being held without bail in Sevier County Jail for Garfield County. Pierson was killed about a mile and a half west of U. S. Highway 89 on Utah Highway 20 near Bear Valley Junction the morning of Nov. 7. Stack was apprehended a short time later near Beaver after a high speed chase by officers, in which several shots were fired at the defendant. Prosecuting the case for the state are Garfield County Attorney Russell L. Mahan. along with Milton T. llarman. Nephi and assisted by Robert Wallace of the Utah Attorney General's Office. Defending Stack are Brenton Roe, St. George, and Ron Yengich, Salt Lake City. |