OGDEN — An Ogden man may be headed to trial on a charge that he strangled his 18-year-old son for refusing to go on a church mission.
“We have not resolved this and we’ll need to set a trial,” defense attorney Randall Richards said Wednesday in a hearing for his client, Scott Keith Warner.
The case began when a teenage girl called police dispatch Aug. 21 saying her father was choking her brother.
Warner, 49, is out on bail. He is charged with aggravated assault and committing domestic violence in the presence of a child, both third-degree felonies.
Late Wednesday afternoon, Warner attended a case disposition hearing by video before Judge Ernie Jones.
After hearing from Richards that a potential plea bargain may be off the table, Jones set a review hearing for Feb. 24.
In an Ogden police probable cause statement, police said the 18-year-old son reported that he and Warner were arguing after he said he would not be going on a mission for The Church of Jesus Christ of Latter-day Saints.
He said Warner grabbed him by the arm and they began to fight.
According to the arrest affidavit, the son reported that “he was knocked to the ground and Scott began to strike the victim’s head into the wall repeatedly as well as squeeze the victim’s neck with both hands.”
He had scratches and redness on his neck, police said.
The son was trembling and hesitant to provide details, but he said he struggled to breathe as he was being choked, the affidavit said.
Warner told police he tried to forcibly eject his son from the home “as it was his house,” according to the affidavit.
He said he grabbed his son “wherever I could” in his effort to push him out of the house.
Told his son’s version of the fight, Warner said the son shoved him first and he had done nothing wrong. He said he was injured and pointed to a scrape on his elbow.
After the fight, the son obtained a 2nd District Court protective order against Warner.