Man charged with killing friend at McDonald's deemed incompetent for trial

MURRAY — A Midvale man charged with murder in the death of his teenage friend, whom he said he was "play fighting" with, has been deemed incompetent to stand trial.

Jhon Alvaro Alarcon Paredes, 21, was charged in April 2024 in 3rd District Court with murder, a first-degree felony; plus possession of a gun by a restricted person and obstruction of justice, second-degree felonies, in the shooting death of Josue David Magadan at a McDonald's parking lot in Murray.

On Oct. 7, Paredes was deemed incompetent to stand trial.

"The court finds that defendant is incompetent, that he does not have a factual or rational understanding of proceedings, and that his intellectual disability prevents him from consulting with counsel," a court order states.

Paredes has an intellectual development disorder or a mild neurocognitive disorder and has "limited adaptive functioning," Judge Heather Brereton said in a court filing. He is also unable to retain information over time and lacks sufficient critical thinking and decision-making abilities, she said.

Paredes will be committed to the Utah State Hospital for competency restoration, and an update on his progress will be heard at a competency review hearing on Jan. 12, 2026.

On March 2, 2024, Magadan was in the driver's seat of a 2004 Chevy Tahoe parked at a McDonald's, 4452 S. Commerce Drive in Murray, when he was shot in the back of the head, according to police. A GoFundMe campaign states that Josue was 16 while charging documents say he was 17. Josue was taken to a local hospital, where he died three days later from his injuries.

A third person in the SUV, a 17-year-old boy, told police that Paredes was in the back seat and was "play fighting" with Magadan.

"At some point, Alarcon Paredes reached between his legs and pulled out a handgun. Alarcon Paredes charged the firearm by operating a semiautomatic slide and then pointed the loaded firearm to the back of Josue's head, stating that he was going to shoot Josue. Alarcon Paredes repeated saying he was going to kill Josue," charging documents allege. "Alarcon Paredes then said he could kill Josue, and the handgun went off."

The teen who witnessed the shooting said Paredes did not want him telling Magadan's family about the incident and that he had to physically fight with Paredes to get away, according to the charges.

Paredes was later arrested in Fruita, Colorado.

When questioned, Paredes claimed Magadan had pulled out a knife, which he viewed as a threat. Prosecutors noted that "regardless if (he) and victim were play fighting, (Paredes) produced a gun, racked it and threatened to kill the victim several times," according to the charges.

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