Estimated read time: 3-4 minutes
- Theron Farmer's murder conviction for a 2019 Ogden shooting and robbery was upheld by Utah's appellate court last week.
- Farmer's appeal claimed he did not know about the robbery, but judges cited contrary trial testimonies from the victims' brother and friends.
- Farmer and his co-defendant, Daniel Viegas-Gonzales, received prison sentences of 26 years to life.
SALT LAKE CITY — Theron Nelson Farmer was convicted of murder after he and Daniel Viegas-Gonzales visited his friend, robbed him and shot both the friend and his brother, killing the brother.
The brother was an 18-year-old high school student who was home sick that day in February 2019.
Farmer claimed in an appeal of his conviction that the judge overseeing his jury trial should have allowed evidence of Viegas' two confessions, in which he said Farmer was unaware that he intended to rob the friend and that he had threatened Farmer in order to get his help.
Court of Appeals judges ruled last week that his conviction and sentence of at least 26 years in prison stand.
The opinion said Farmer had known Viegas for about three weeks, and Viegas had asked about a place to buy Xanax.
Eric Johnson Jr. testified that his brother, Kameron Johnson, 18, was watching TV in his room when Farmer and Viegas came to their home. Before they purchased any Xanax, Farmer left for the bathroom, and Viegas stood up and shot Eric Johnson twice, asking, "Where's the money?"
Eric Johnson said he directed Viegas to his bedroom, but the man instead ran toward his brother's bedroom, and he heard two gunshots. He testified that Farmer came out of the bathroom and did not appear surprised. He testified that Viegas shot at him again before he and Farmer "rip(ped) everything apart" in his bedroom. He called 911 but was unable to provide an address due to his pain.
"Viegas threatened (Eric Johnson) and attempted to shoot him once more, but his gun had apparently run out of ammunition," the opinion said, citing trial testimony.
Eric Johnson testified that he tried to act dead when Farmer left his bedroom, and Farmer reached for his gun, saying, "We can't go back to the pen," but Viegas replied, "No, he's done. Let's go."
Police did not arrive until after the brothers' father returned home hours later and called for help.
Farmer testified that he heard the shots and that Viegas pointed the gun at him, as well, and ordered him to "find everything." He said Viegas threatened him again as they were driving away and ordered him to get rid of phones.
Appellate judges cited jury trial testimony from two women who said before the men went to meet Eric Johnson, they pulled out guns and talked about "goin' to hit a lick," which the women understood meant they were going to rob someone.
Another friend of Farmer testified at trial that he had called to tell her "something big was going to happen" and to watch the news. She said a month earlier, he had texted her saying he was going to rob someone because he was bored, but later said he was just talking and wasn't going to act. That friend testified that Farmer was "proud" of a news article that pictured him as a suspect in the case.
He was sentenced by 2nd District Court Judge Reuben Renstrom to two prison terms of 26 years to life for aggravated murder and attempted aggravated murder, and one term of five years to life for aggravated robbery, all first-degree felonies; in addition to one to 15 years for obstructing justice, a second-degree felony. Each of the sentences was ordered to run at the same time.
Farmer also argued that his attorney was ineffective for not renewing a motion during the trial and not requesting a specific jury instruction. The Court of Appeals also rejected this argument.
Viegas was also sentenced to two terms of 26 years to life in prison after pleading guilty to aggravated murder and attempted aggravated murder, both first-degree felonies, which were also ordered to run at the same time. As a result of a plea deal, charges for aggravated robbery, obstructing justice and possession or use of a firearm by a restricted person were dropped.
