The second person facing charges stemming from an attack on Main Street during the Sundance Film Festival made a brief appearance in Justice Court on Wednesday, telling the judge he will attend future court dates after he missed an earlier one.
Kyle Erickson, who is 25 years old and from Lehi, told Judge Shauna Kerr he was returning from Texas when he did not appear for an earlier court date. An arrest warrant had been issued, but Kerr agreed to withdraw the warrant on Wednesday.
“I will be here, your honor,” Erickson told Kerr on Wednesday.
Kerr scheduled another court date on Jan. 27. A trial date has not been set.
Kerry Gaines, who is prosecuting Erickson, said her office and Erickson are negotiating a plea agreement. Erickson, who did not have an attorney with him on Wednesday, wants to consult with one before an agreement is finalized.
In an interview afterward, Gaines said she has offered Erickson a deal encompassing a guilty plea to an assault charge in exchange for the dismissal of three other counts he faces.
Prosecutors have charged Erickson with two class B misdemeanor counts of assault and misdemeanor counts of disorderly conduct and intoxication. Class B misdemeanors are punishable by up to six months in jail and a $1,000 fine. He has not entered pleas.
Gaines said there is a “pretty good” chance Erickson will agree to the deal. She said she spoke to him on Wednesday about an agreement.
“I’m optimistic we’ll be able to get that done,” Gaines said.
She said she has not decided whether she would recommend Erickson serve jail time if he pleads guilty as part of an agreement. She said, though, she would want Kerr to order Erickson to complete alcohol and drug treatment as well as an anger-management class.
If the two sides are unable to reach an agreement, Gaines said she will ask Kerr to schedule another court date later in anticipation of a trial.
Erickson’s appearance on Wednesday followed just more than a week after Judge Bruce Lubeck sentenced John Cook to 300 days in jail for his part in what the judge called a “monstrous” event. A jury in October convicted Cook of a class A misdemeanor count of assault for the attack, a more serious count than those that Erickson faces.
The police captured Cook quickly after the Jan. 18 confrontation close to the Egyptian Theatre. He had faced a more serious felony charge, but the jury returned a guilty verdict on a lesser count.
Witnesses have said Erickson instigated the confrontation. Prosecutors claim Erickson was lying on the sidewalk and jumped up as a couple passed. Words were exchanged and Erickson followed the couple trying to provoke a fight, the prosecutors say. Erickson threw the lid of a trash can at the woman and spat on her, they say.
Ryan Bilbrey, the husband, confronted Erickson. Bilbrey ended up on the ground and Cook kicked him in the face, causing extensive damage that has required repeated surgeries.
Erickson eluded the police the night of the attack. He was caught midsummer in Utah County. In a filing made in Justice Court, Gaines indicates the victim’s wife in March identified Erickson in a photo lineup as the other person involved with Cook. Two others with the Bilbreys identified Erickson in the lineup, the filing says.
The attack was a rare act of violence on Main Street, which was bustling that night with Sundance crowds in town for the opening weekend of the festival. Confrontations on the street normally do not advance past fisticuffs.
Bilbrey has filed a lawsuit against Cook and Erickson seeking compensatory and punitive damages. Each of the defendants disputes the claims in the lawsuit.