ST. GEORGE —A defendant who admittedly shot one man and injured two others, one seriously, recently dodged a prison sentence during a sentencing hearing where the state described the incident in March as “very violent,” while the defense said the man ingested something that caused him to act out.
Shiloh Lynn Cody, age 48, appeared in 5th District Court on three charges, including one second-degree felony count of aggravated assault causing serious bodily harm for shooting one man and one misdemeanor count of the same charge for causing a significant bite injury to the second, as well as misdemeanor assault on a peace officer – charges the defendant pleaded guilty to on Sept. 29.
Cody originally faced eight charges, including possession of a dangerous weapon by a restricted person, interfering with arresting officer, disorderly conduct and two additional misdemeanor counts of assault on a police officer, which all were dismissed in exchange for a guilty plea.
According to the statement in support of the guilty plea, Cody admitted to “knowingly and intentionally” shooting a man in the shoulder, and then biting the second man, in addition to head-butting one officer and biting a second.
Altercation leaves two seriously wounded
The case stems from an incident reported shortly after 1:30 a.m. on March 10, when officers were dispatched to a report of a fight at a residence on West 360 North near Shadow Mountain Park in St. George. While en route, officers were advised that several gunshots reportedly were heard during the ongoing altercation.
The first officer arrived to find three men fighting, according to the probable cause statement filed in support of the arrest.
When this officer jumped in to stop the fight, one of the men, later identified as Cody, bit a second individual and “would not let go,” the officer noted. The officer deployed a Taser, which ended the fight.
Police say as they attempted to load Cody into a patrol unit, he began thrashing around and trying to head-butt officers and then, once in the vehicle, bit one of the officers in the arm. Cody was then transported to the St. George Regional Hospital for evaluation.
Detectives established a timeline of events that indicated the altercation kicked off when a tenant heard a disturbance outside where he approached Cody about the noise, which is when the suspect became aggressive and a physical fight ensued.
During the altercation, police say the tenant’s gun fell to the ground, which is when Cody grabbed the man by his throat, bit him and slammed his head against the ground several times before grabbing a hold of the gun and firing off several rounds.
A third man jumped in to grab the firearm and then ran into the apartment to secure the weapon – which is when he realized he had been shot in the shoulder, the report states.
Meanwhile, the tussle outside continued between the man who had jumped in to help the tenant and Cody, during which the suspect admittedly bit the man’s arm, causing a “serious injury.” It was shortly after that the first police officer arrived and deployed his Taser to force Cody to disengage.
After being cleared by the hospital, Cody was transported to Purgatory Correctional Facility and booked into jail on the charges.
He appeared for a bail reduction hearing in July that was denied, has remained in custody since his arrest in March.
Both sides argue remorse in court
During the hearing last week, District Judge John J. Walton went over the recommendation of one year in jail and four years’ probation as set forth in the presentence report completed prior to the hearing. The sentence mirrored what was outlined in the stipulated agreement reached between the parties in September.
The judge then asked what needed to be discussed in terms of sentencing, being that both parties were in agreement.
Washington County prosecutor Joseph Hood represented the state and opened by describing the incident in March as “very violent.”
Hood also referred to the presentence report indicating the defendant’s “lack of concern for the victims” in the case, and then he recommended that Cody be ordered to complete an anger management class as part of his sentence.
Cody’s defense attorney, Larry Meyers, disagreed and countered by saying that his client did feel remorse following the incident. He went on to explain that his client was not in a stable mind due to “possibly involuntarily” ingesting something that triggered his behavior and added that Cody is “not normally violent,” but the defendant “did not necessarily remember every single detail.”
Meyers closed by saying he would follow the state’s recommendation that Cody participates in anger management classes but requested that substance abuse be included as part of the treatment.
Without further ado, the judge sentenced the defendant to serve one year in jail with credit for the 266 days he had already served since his arrest in March. The sentence of 1-15 years in Utah State Prison on the aggravated assault charge was suspended, as were both of the sentences of one year in jail on each of the misdemeanors.
The defendant was placed on 36 months of probation and also ordered to obtain an anger management and substance abuse evaluation under the terms of his probation, as well as other standard provisions. The issue of restitution will be addressed at a later time.
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