Not guilty plea in murder case

FARMINGTON -- A 37-year-old man has been found competent to stand trial for the murder of Suzanne Fry.

Phillip Joseph Simmons appeared in 2nd District Court in Farmington on Tuesday and pleaded not guilty to a first-degree felony murder charge. If found guilty, he could be sentenced to serve 15 years to life in Utah State Prison.

According to court documents, Simmons stabbed Fry 51 times because he heard voices in his head while in her Bountiful apartment on Jan. 20, 2008. Police said the two argued about food and he then stabbed her repeatedly with a steak knife.

Simmons has been at Utah State Hospital receiving treatment. He is now back in Davis County Jail.

Judge Rodney S. Page ordered that Simmons continue taking his medication and get treatment while in the jail.

Defense attorney Mark Arrington said Simmons "is oriented to time and place and understands the legal system. As (Simmons) is today, he can assist with his case. My concern is that he stays on his meds."

Arrington said his client is competent to move forward, but he will be considering a defense that will look at whether Simmons was "in layman's term, insane, at the time of the incident."

Deputy Davis County Attorney Rick Westmoreland said Simmons "has made remarkable progress" while at the state hospital.

He said there was a diagnosis of Simmons' mental health in the psychological reports but he did not want to divulge what that was.

The Davis County Attorney's Office did not charge Simmons with capital murder because "the case was not a capital offense," Westmoreland said.

"All murders are egregious," Westmoreland said. "The battle with this trial will be proving competency at the time of the offense."