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Man sentenced in fatal Ogden shooting, cover-up

By Mark Shenefelt - | Aug 11, 2022

BEN DORGER, Standard-Examiner file photo

The 2nd District Court is seen on Friday, Nov. 15, 2019, in downtown Ogden.

OGDEN — No one was charged with homicide in the shooting death of Jonathan Brewer in Ogden. But a man who admitted bringing a gun to the apartment where Brewer died on Oct. 2, 2021, has been sentenced to prison on a pair of felony counts.

Dustin Wayne Smith, 34, of Midvale, was sentenced on July 27 by 2nd District Judge Cristina Ortega to one to 15 years for use or possession of a dangerous weapon by a restricted person, a second-degree felony, and up to five years for third-degree felony obstruction of justice.

Investigators alleged in charging documents that Brewer and Nickie Holder, 42, of Washington Terrace, conspired to lure Smith, her former boyfriend, to a meeting where he could be assaulted. The alleged plot went awry.

Smith allegedly took a .45 caliber handgun when he went to an apartment at 240 N. 180 East. Brewer arrived and a fight occurred, Brewer suffering a shot to the head. After his arrest, Smith waived his Miranda rights and told police he threw the gun out the window of his car near 12th Street and Interstate 15 and abandoned the car in Perry. Police said they later found the gun and the car.

Smith agreed earlier in July to a plea bargain, where the obstruction charge was reduced from a second-degree felony and a second obstruction charge was dismissed.

Holder and two other people still face charges related to the case. Charging documents against her say detectives reviewed text messages between Holder and another person that revealed a discussion about harming Smith. “Please end him. I want him dead,” a text allegedly sent by Holder said. She goes on trial Nov. 11 on a charge of third-degree felony conspiring to commit aggravated assault.

Two men who allegedly helped Smith in the aftermath of the shooting also are being prosecuted.

Timothy Ryan Robinson, 44, allegedly picked up Smith in Box Elder County and took him to his home in Ogden where he could hide. Prosecutors alleged Robinson also deleted Smith’s Facebook account for him.

Prosecutors charged Barry Lenard Bingham, 42, of Bluffdale, alleging that he tried to destroy evidence in Smith’s car and later drove Smith to southern Utah to elude police.

A probable cause statement said Smith allegedly told police he discussed the shooting with Bingham and Robinson and they urged him to flee to Mexico. Bingham and Robinson each were charged with two counts of second-degree felony obstruction of justice and their cases remain pending.

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