Supreme court upholds murder conviction

The murder conviction of a Utah man who killed a woman in Rock Springs was upheld by the Wyoming Supreme Court last week.

Bradley Fairbourn was found guilty of one count of first-degree murder and one count of attempted first-degree murder Feb. 15, 2018, which resulted in two life sentences without the possibility of parole. He later appealed the convictions, claiming he was denied a fair trial because of his attorney’s ineffective assistance and prosecutorial misconduct. He also claimed a violation of his right to a speedy trial.

Fairbourn filed a motion for a new trial Feb. 15, 2019, citing ineffective counsel. After a hearing May 8, 2019, district court entered an order denying a new trial Aug. 14, 2019, which Fairbourn appealed.

The Wyoming Supreme Court found Fairbourn had previously waived his right to a speedy trial. While his trial took place Feb. 7, 2018 -- 546 days after his arraignment on Aug. 10, 2016. That right was waived Dec. 16, 2016, 128 days into a 180-day period where criminal charges have to be brought to trial after an arraignment. Delays postponing Fairbourn’s trial were also considered reasonable by the court.

The court also ruled he was unable to establish his ineffective assistance of counsel claim, nor was able to show prejudicial misconduct from the prosecution.

According to court documents, Fairbourn was initially arrested June 23, 2016. He was driving to his home in Draper, Utah from Denver and replied to an internet advertisement Utah residents Naisha Story and Natalia Arce posted for a body massage business they were operating out of the Quality Inn in Rock Springs. He arrived to the room the women were in after 1 a.m., June 23, 2016. After speaking with the women, he said he needed to get money from his car and left, returning to the room 5-10 minutes later.

Upon returning, he attacked Story and Arce with a knife. Arce was able to escape and contacted her boyfriend Christopher Crayton, who was staying with Story’s boyfriend Paul Lovato in a separate hotel. Crayton drove to the Quality Inn and picked up Arce, who was running down the street. She told him what happened and on his way to check on Story, noticed Fairbourn running down the street. Cutting off Fairbourn in his vehicle, Crayton beat Fairbourn to prevent him from fleeing and told a passerby to call 911. Officers arrived to the scene, responding to 911 calls guests at the hotel had made and Fairbourn, Story and Arce were taken to Memorial Hospital of Sweetwater County for their injuries.

Story arrived unconscious, suffering from multiple stab wounds and internal bleeding while Arce had a serious chest wound, but was conscious and in shock. Fairbourn was treated for swelling and bruising on his face and released to officers. Story died before she was able to be transferred for treatment in Salt Lake City.

 

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