- Brandon James Hooks, 40, was released after two years in jail after prosecutors dismissed his murder charge.
- Hooks, with mental disabilities, was found not competent to stand trial; prosecutors said the dismissal was in the interests of justice.
- Hooks had been accused of causing the death of another resident at a care facility during a fight about food preparation.
PROVO — An Orem man with mental disabilities has been released after spending just under two years in jail on a murder charge.
He had been accused of killing another resident at a care facility during a confrontation that began as an argument over food preparation, but Utah County prosecutors asked for the charges to be dismissed.
Brandon James Hooks, 40, was found not competent to face trial, and prosecutors said he was also unlikely to be restored to competency. The motion to dismiss said, "in the off chance he can be (restored), it is in the interest of justice to dismiss this case without prejudice."
Because the judge dismissed the charges without prejudice, charges could be filed again.
Hooks had been charged with murder, a first-degree felony, and three counts of assault, a class B misdemeanor. Fourth District Judge Thomas Low dismissed the charges on April 29 and signed an order to release Hooks on May 1.
Charging documents said on May 5, 2024, police responded to a residential care facility at 113 E. 800 South in Orem following an altercation.
Police say Hooks used a derogatory word to address Timothy Dastrup after becoming angry that he put mayonnaise in a crab cake mix, and Dastrup responded by making a reference to Hooks' deceased mother. According to charges, a caseworker attempted to step between them, but Hooks pushed the worker into a table, hit Dastrup multiple times, and wrapped his arm around Dastrup's neck.
When the caseworker returned with a second employee, Dastrup told Hooks to get off him and said he could not breathe. Hooks then hit both employees and repeatedly struck Dastrup in the head, according to charges.
Dastrup was pronounced dead at the scene.
An evaluation for Hooks said he had the mental capacity of someone who is between 6 and 8 years old.
Initial evaluations indicated he might be able to meet the competency required to stand trial. The judge found in early 2026, however, that although Hooks understood the charges against him, he did not understand the adversarial nature of court proceedings or his legal options and would not be able to testify relevantly.
