Utah Supreme Court asked to delay trial for man accused of running over two boys

By 
 August 7, 2024

A horrifying scene played out in Utah just over two years ago when three-year-old Odin Ratliff and Hunter Jackson were run over while playing outdoors.

This week saw lawyers for the man who authorities say is responsible for their deaths asked the Supreme Court  for emergency relief. 

Defense attorney says his father has only weeks to live

According to KUTV, a petition for extraordinary writ was filed by Jennifer Foresta and Marissa Flowerday, both of whom work for the Utah County Public Defender Association.

The writ requests that Utah's highest judicial body overrule Fourth District Court Judge Robert Lund's decision to have Kent Cody Barlow's trial begin in September.

Lund denied a motion submitted by public defender Benjamin Aldana last month which sought to have Barlow's trial pushed back to October on the grounds that one of Aldana's "close" family members was suffering from an aggressive form of cancer and had only weeks to live.

KUTV further quoted Aldana as saying during a July 18 hearing, "And I’m telling you flat out your Honor, my dad’s kidneys are failing and I’m not going to spend the next week of my life working on this case."

Prosecutors: Defendant was high on methamphetamine

The judge responded by accusing Aldana of saying "a very, very serious thing" before adding, "You have a professional responsibility here and you’re telling the Court you’re gonna fail to meet professional responsibility in the case that has been set for trial for almost a year."

KUTV noted how Utah County Attorney Jeff Gray as well as County Attorneys Ryan McBride and Michael Starrs maintain that Barlow, who was on parole at the time, killed the two boys on May 2, 2022.

The prosecutors assert that Barlow was driving an SUV at 123 miles per hour while under the influence of methamphetamine.

He allegedly lost control of the vehicle and crashed through several fences at Cedar Valley Stables in Eagle Mountain before fatally striking the children.

Parents are suing the state over son's death

Meanwhile, the radio station KSL reported earlier this year that the parents of Odin Ratliff have filed a lawsuit against the state of Utah and multiple agencies.

Their lawsuit asserts that Barlow should not have been free at the time of their son's death as the state "revoked Mr. Barlow’s parole for his August 23, 2019 crimes" only eight months prior.

"In so doing, the State of Utah had incomparable access to know Mr. Barlow’s physical capabilities, mental capacities, and the danger Mr. Barlow presented to the public – as demonstrated by Mr. Barlow’s drug use and possession, theft of a motorcycle, theft of a police cruiser, and two high speed chases," it continues.

"Despite Mr. Barlow’s indisputable parole violations, the State of Utah chose to keep Mr. Barlow on parole, thereby knowing and affirmatively allowing Mr. Barlow to endanger the public and himself," the lawsuit goes on to assert.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson