FARMINGTON -- A judge said he would not wait for the federal court to sentence a man for entering the U.S. illegally a second time and instead sentenced him to prison on a kidnapping charge.
Judge David Connors sentenced Javier Antonio-Lopez on Tuesday.
Defense attorney Mark Arrington had asked Connors to wait until July 17 to sentence Antonio-Lopez, 25, whom he said has a federal sentencing hearing set for July 14. However, according to the federal court website, the sentencing hearing is set for July 23.
Deputy Davis County Attorney Nathan Lyon objected to Arrington's request to continue the sentencing hearing until after July 14.
"Often, after these federal sentencing hearings, the defendants are then whisked away," Lyon said. "It wouldn't be the first time I've lost a defendant because the feds have taken him away."
Arrington said federal judges tend to run the federal sentence consecutively to the state sentence, if the state sentence is imposed first. He said he wanted to be able to ask the judge to run the state sentence with the federal sentence.
Connors said, "I don't think it's appropriate to continue sentencing on this matter. The federal court can do what it wants."
Connors sentenced Antonio-Lopez to serve one to 15 years in Utah State Prison. Antonio-Lopez pleaded guilty to one count of second-degree felony kidnapping in 2nd District Court on Aug. 16, 2011.
Clearfield police said Antonio-Lopez abducted his estranged 25-year-old girlfriend and her 4-year-old daughter at Oak Hills Elementary School in Kearns on Oct. 27. He then drove the woman and her child to Park City and back through Salt Lake, Weber and Davis counties.
The woman and her child begged Antonio-Lopez to let them out of the car, but he refused and continued driving.
A Clearfield police officer spotted the car Antonio-Lopez was driving and followed it.
When officers attempted to pull it over, Antonio-Lopez drove the car off the road and fled on foot to avoid being arrested.