Marilee Gardner, of Layton, appeared Judge W. Brent West's Second District courtroom in Ogden on Thursday, September 8, 2016. Gardner's attorney, Tara Isaacson, wanted the charges for the 16-year-old to be set as juvenile. Judge West declined the proposal and Gardner will continue to be charged as an adult. She will have the opportunity to receive a lighter sentencing due to being 16 when the crimes were committed. Gardner is charged with two counts of murder,one count of failing to stop at the command of police, and one count of failure to remain at an accident involving death.