Prosecutors anticipate calling 19 people to testify in the upcoming trial of the man accused of a brutal beating on Main Street during the Sundance Film Festival, naming the victim, police investigators and a witness to the attack as people who could testify against John Cook, the 26-year-old Lindon man who faces the most serious charge stemming from the rare act of violence in Park City.
In a filing made earlier in Third District Court, lead prosecutor Paul Christensen indicated he would call the victim, Ryan Bilbrey, and Bilbrey’s wife, Rebecca, as witnesses. The wife was with Bilbrey when he was attacked. Meanwhile, Cook’s defense attorney, Shelden Carter has filed subpoenas demanding testimony from two people. A Third District Court clerk early Tuesday indicated that Carter had not filed a formal witness list, though.
A Park City man named Thomas Jones appears on the prosecution’s witness list and was one of the two people issued a subpoena by the defense. Jones, who had just gotten off work from a nearby restaurant, saw the attack. In an earlier hearing, Jones testified that he watched Cook kick Bilbrey while the victim was on his knees, telling the courtroom that Cook “kicked him square in the face.” Jones at the earlier hearing pointed at Cook as he described him as one of the men who fought.
Christensen declined to discuss the prosecution’s witness list. He refused to answer questions about the absence from the list of Kyle Erickson, the other person charged in the attack. The Park Record was unable to contact Carter.
Cook is charged with one count of aggravated assault, a second-degree felony. The charge carries a potential sentence of between 1 and 15 years in prison and a $10,000 fine upon conviction. A trial is scheduled to open on Oct. 14 and last three days. The trial has been delayed since July, and the witness list and subpoenas were filed with the court in anticipation of the earlier trial date.
The Bilbreys were visiting Park City from Los Angeles during Sundance and were on Main Street close to the Egyptian Theatre on Jan. 18, during the busy opening weekend of the festival. Prosecutors and Bilbrey’s side describe a chance encounter that escalated quickly.
In earlier testimony, Ryan Bilbrey said the confrontation started when the other man, who prosecutors say was Erickson, was lying across the sidewalk as the Bilbreys and the people they were with tried to pass. Words were exchanged, and the other man started harassing Bilbrey’s wife, Bilbrey said at the earlier hearing. The other man threw the lid of a trash can at the wife and spat on her, prosecutors say. Bilbrey and Erickson fought, Bilbrey then slipped on the ice or was knocked down before Cook kicked Bilbrey in the face several times, the prosecution contends.
Bilbrey suffered severe injuries to his face and has undergone repeated surgeries to repair fractures and fix his jaw. The wife has testified that Cook and Erickson tried to lure Bilbrey into a fight.
Cook’s attorney at the earlier hearing appeared to be building a defense on mistaken identity, wondering whether prosecution witnesses were describing someone other than Cook who attacked Bilbrey. Carter, as examples, questioned Rebecca Bilbrey about Cook’s appearance, the clothes he was wearing and his height.
The attack on Bilbrey was a shocking episode of violence on Main Street. Rowdiness and drunkenness occur throughout the year, typically reaching an apex during Sundance, but attacks like the one on Bilbrey are highly unusual.