Estimated read time: 3-4 minutes
- Parents of a 3-year-old boy killed in an Eagle Mountain crash claim Utah is liable for allowing the driver parole.
- The Ratliff family argues the state failed to monitor Kent Cody Barlow's parole conditions, leading to the tragedy.
- A judge will decide whether to dismiss the case on Dec. 4 and is expected to set a new date for the double murder trial.
SALT LAKE CITY — Attorneys for the parents of a boy killed in an Eagle Mountain crash argued Wednesday they should have the right to file a lawsuit against Utah claiming the driver who hit their boy should not have been on parole.
Theresa and Robert Ratliff claimed in their lawsuit filed in March that they should qualify for monetary relief due to their medical expenses, lost wages and mental anguish caused by the death of 3-year-old Odin Ratliff.
Odin and Hunter Jackson, also 3, were both killed when a car went off the road in Eagle Mountain and into Cedar Valley Stables, where they were playing together on May 2, 2022. Kent Cody Barlow is charged with two counts of murder, a first-degree felony, in their deaths.
LaShel Shaw, the attorney for the Ratliff family, said Wasatch Behavioral Health and the state of Utah reported Barlow was meeting his parole conditions when he wasn't and hired or maintained unqualified employees. She said Wasatch Behavioral Health had a legally mandated relationship with Barlow, and it should have known that his actions were "foreseeable and likely."
Attorneys for Wasatch Behavioral Health and Utah argued the claims against them were not for "affirmative acts," which would be required for the lawsuit to continue but, instead, were omissions. They argued in requests to dismiss the case that, as government entities, they are immune from claims in the lawsuit under the public duty doctrine.
Third District Judge Linda Jones said she would issue a ruling on whether to dismiss the case during a hearing on Dec. 4.
The Ratliff family claims in the lawsuit that Barlow has a "long and troubling history of disregarding the law." It says his parole was revoked on Sept. 28, 2021, but he was released less than 30 days later, allowing him to be out of custody on May 2, 2022, when he crashed into the stables and the young boys died.
The lawsuit was also originally filed against the Utah Board of Pardons and Parole, but the Ratliffs agreed to dismiss the claims against it.
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The mother of a 3-year-old boy hit and killed by an allegedly impaired driver in Eagle Mountain believes the justice system failed her and the family of the other child hit and killed.Criminal case moves forward
Meanwhile, Barlow's criminal case is heading to trial. On Tuesday, prosecutors argued that repeated claims from Barlow's attorneys — that they are not prepared to move forward with a trial — should disqualify the Utah County Public Defenders Association from the case.
Deputy Utah County attorney Ryan McBride said Barlow's attorneys have claimed — on three different occasions, most recently in May — that they did not have the resources to proceed with the case as scheduled. A jury trial set for September was canceled after an attorney withdrew from the case.
Justin Morrison, who was recently assigned as Barlow's attorney, assured the judge the association is fully staffed and ready to move forward. He said the attorneys have full caseloads "exactly as they should," but another lawyer will be added to the case to continue representing Barlow. Both attorneys who previously represented Barlow are no longer on the case.
"Frankly, I think, at this point, any issue is moot. … Our office is asserting we have the resources," he said.
Man ordered to stand trial for murder in deaths of 2 Eagle Mountain toddlers playing in a corral
Kent Cody Barlow was ordered to stand trial for two counts of murder on Monday after a judge said he caused a crash that led to the deaths of two Eagle Mountain toddlers.Morrison said continuing with attorneys from the Utah County Public Defenders Association would get the case to trial more quickly because he can use work put in by the other attorneys and contracts already made with witnesses, while an attorney outside his office would not be able to. Morrison also said Barlow wants the office to continue representing him.
Fourth District Judge Derek Pullan was assigned to the case after the trial was delayed. He assured the attorneys he was familiar with the case's extensive history and said he would rule on whether Morrison and the association would stay assigned to the case by the end of the week.
He scheduled a pretrial conference on Nov. 4 and asked the attorneys to check with witnesses and be ready to schedule a trial. Pullan said he would block off time for the three-week trial in April and May, and once the trial is set, it "will not move."
