IN DEPTH: Trial set for Kouri Richins; allegations of racism at Southern Utah high school

♪ >> THANK YOU FOR JOINING US ON ARC SALT LAKE. I AM BRIAN SCHNEE. TONIGHT WE ARE TAKING A LOOK AT THE KOURI RICHINS CASE, AND IT WILL BE GOING TO TRIAL AND WE ARE LOOKING AT AN ISSUE IN A NEARBY SCHOOL DISTRICT. >>> TODAY, THE SECOND DAY IN THE PRELIMINARY HEARING FOR KOURI RICHINS. SHE IS ACCUSED OF KILLING HER HUSBAND, ERIC RICHINS BY GIVING HIM A LETHAL DOSE OF FENTANYL. AMANDA GILBERT HAS BEEN FOLLOWING THIS FOR MONTHS. SHE WAS IN THE COURTROOM TODAY. >> Reporter: DAY TWO, THE FINAL DAY OF THE PRELIMINARY HANG HEARING KICK OFF ABOUT 10:00 THIS MORNING. THINGS LASTED ABOUT TWO HOURS. THE BIG FOCUS WAS ON IF THERE IS ENOUGH EVIDENCE THAT KOURI RICHINS TRY TO KILL HER HUSBAND, ERIC RICHINS ON VALENTINE'S DAY IN 2022 WITH A FENTANYL LEASED REQUEST. THE PROSECUTOR CLAIMED THAT THE FENTANYL IN THE SANDWICH WAS NOT STRONG ENOUGH. IT THEY SAY TO MAKE A MURDER CLAIM IS JUST FAR-FETCHED. IN THE END THE JUDGE DECIDED TO TAKE THIS AND HAVE KOURI STAND TRIAL . THE TRIAL WILL START AT THE END OF APRIL. KOURI IS PLEADING NOT GUILTY . SHE IS FACING SEVERAL FELONY CHARGES. >>> SOME OF THE BASICS OF WHAT TOOK PLACE. LET'S GO BACK TO THE COURTROOM. HERE IS THE PROSECUTION OUTLINING SOME OF THE TEXT MESSAGES THAT WERE READ ALOUD. THIS HAPPENED IN THE COURTROOM TODAY. >> WE HAVE ADVISED HER -- [ INAUDIBLE ] >> MISS RICHINS, I NEED A CLEAR RECORD. YOU UNDERSTAND YOU HAVE THE RIGHT TO TESTIFY AT THIS PRELIMINARY HEARING? >> CORRECT. >> ARE YOU FOLLOWING THE ADVICE OF YOUR ATTORNEY? >> THAT IS CORRECT. >> [ INAUDIBLE ] >> SHE TEXTED ON THE 11th AND 12th, DURING A TIMEFRAME THAT CORRESPONDS WITH THE DRUG DEALER CORRESPONDENCE. THOSE TEXT MESSAGES WERE DELETED FROM HER PHONE. SHE TEXTED WITH A DRUG DEALER 30 TIMES, ABOUT 30 TIMES ON VALENTINE'S DAY AND THOSE TEXT MESSAGES ARE DELETED. THERE IS NO GOOD REASON THE DEFENDANT IS SPENDING VALENTINE'S DAY WITH HER HUSBAND AND TEXTING A DRUG DEALER 30 TIMES. ERIC RICHINS TEXTED THE DEFENDANT A PHOTO WHILE HE WAS TEXTING HER ABOUT FEELING ILL AND CONSIDERING GOING TO THE HOSPITAL. THAT PHOTO WAS DELETED. IT WAS DELETED FROM HER PHONE AND ERIC RICHINS'S FOUND. THAT IS IN THE MOMENT CONSCIOUSNESS. THE NEXT DAY, AFTER VALENTINE'S DAY, THE DEFENDANT LAMENTED TO HER PARAMORE IF HE COULD JUST GO AWAY LIFE WOULD BE SO PERFECT. AND TWO WEEKS LATER SHE ASSURED HER PARAMOUR, " LIFE WILL BE DIFFERENT. I PROMISE. HANG ON UNTIL FRIDAY." BY FRIDAY, ERIC RICHINS WAS DEAD. >> NOW HERE IS KOURI'S DEFENSE ATTORNEY TALKING ABOUT THE INTENT WITH THE JUDGE REACTING TO HOW THIS ARGUMENT WOULD STAND DURING TRIAL. >> THIS IS A SITUATION WHERE ADDITIONAL INFORMATION MAKES IT LESS LIKELY AND MAKES IT MORE DIFFICULT FOR THE STATE TO ESTABLISH THE FIRST ELEMENT OF AGGRAVATED MURDER THAT SHE INTENDED TO KILL HIM. TO KILL MR. RICHINS . WHAT WE KNOW, WHAT WE HAVE FROM YESTERDAY IS THE AFFIDAVIT. WHAT THAT TELLS THE COURT IS ONLY ONE THING. IT IS THAT SHE BELIEVES SHE GAVE FENTANYL TO MR. RICHINS. WHATEVER SHE GAVE MR. RICHINS HAS BEEN THROUGH AT LEAST THREE PEOPLE BEFORE IT CAME TO MISS RICHINS. HE GOT IT FROM SOMEBODY WHO GOT IT FROM SOMEBODY ELSE THAT WE DON'T KNOW. NONE OF THESE PEOPLE MANUFACTURED IT AND NONE OF THEM TESTED IT. SO, WE DON'T KNOW WHAT WAS GIVEN TO HER. TO MISS RICHINS. SHE SAID, INITIALLY, AND SHE SAID IT MORE THAN ONCE, SHE KNEW NOTHING ABOUT FENTANYL. IT IS NOT HER DRUG. AND, HE SAID THAT. >> I QUESTION WHETHER THIS WOULD BE SUFFICIENT, THESE CONCERNS, IF THESE CONCERNS ARE SUFFICIENT TO RULE THAT THERE IS NO SPECULATIVE BASIS RATHER THAN A REASONABLE BASIS. >> I UNDERSTAND. WE UNDERSTAND. I DO THINK, FOR THE RECORD, -- DETECTIVE DRISCOLL TESTIFIED THAT HE CANNOT SAY WITH ANY CERTAINTY WHAT HAPPENED. >> SO THAT IS ANOTHER PIECE OF WHAT HAPPENED IN COURT. WE ARE TAKING A LONG FORM APPROACH TONIGHT ON ARC SALT LAKE. TODAY'S RULING, HERE IS THE JUDGE RULING ON THE CRIMINAL CHARGES AGAINST RICHINS. HE GIVES THE REASONING BEHIND EACH COUNT AND IF THEY WILL BE BOUND OVER FOR PROSECUTION. >> THE PROSECUTION HAS FOUND REASONABLE CAUSE. COUNT ONE FOR MURDER AND COUNT THREE, DISTRIBUTION OF CONTROLLED SUBSTANCES AND THOSE RELATE TO A EVENTS THAT OCCURRED ON OR ABOUT MARCH 3 AND FOURTH, 2022. THEY ARE SUPPORTED BY PROBABLE CAUSE. MISS RICHINS WILL NOW GO TO TRIAL . WITH RESPECT TO COUNT TWO, ATTEMPTED AGGRAVATED MURDER, THE INCIDENT OCCURRED ON FEBRUARY 14, 2022. THE PROSECUTION HAS GIVEN INSUFFICIENT INFORMATION TO SUPPORT THE FACTS OF THE EVENTS. JANUARY 2022, KOURI RICHINS SECURED A LIFE INSURANCE POLICY FOR THE DEATH OF HER HUSBAND THROUGH FRAUDULENT MEANS. THAT SHE HAD A SIGNIFICANT FINANCIAL INCENTIVE TO SECURE HIS DEATH BECAUSE SHE WOULD DO BETTER UNDER THE PREMARITAL AGREEMENT IF HE WERE DEAD. ON FEBRUARY 14 SHE PURCHASED FOOD FOR THEM BOTH, INCLUDING HIM. SHE DESCRIBED IT AS LUNCH IN A TEXT MESSAGE TO A FRIEND IN JUNE. SHE WAS NOT HONEST ABOUT WHERE SHE WAS GOING THAT DAY OR WHAT SHE WAS DOING. ERIC HAD A SIGNIFICANT REACTION TO SOMETHING THAT THEY. SUFFICIENT ENOUGH TO CONSIDER GOING TO THE HOSPITAL. THE STATE HAS ADMITTED EVIDENCE THAT FENTANYL CAN CAUSE A SERIOUS REACTION AND THERE IS SIGNIFICANT EVIDENCE TO SUPPORT PROBABLE CAUSE THAT MISS RICHINS SECURED FENTANYL AND ON OR ABOUT FEBRUARY 26 SHE CONTACTED HER SOURCE AGAIN AND SAID SHE NEEDED SOMETHING STRONGER. THESE FACTS TAKEN TOGETHER WOULD SUPPORT ISSUANCE OF A SEARCH WARRANT TO INVESTIGATE WHETHER MS.HAD ATTEMPTED TO CAUSE THE DEATH OF HER HUSBAND. THEY WOULD SUPPORT ISSUANCE OF AN ARREST WARRANT FOR HER ARREST ON ATTEMPTED MURDER AND THEY ARE SUFFICIENT TO SUPPORT UNDER THE PROBABLE CAUSE STANDARD FOR ATTEMPTED AGGRAVATED MURDER ON FEBRUARY 14, 2022. THE COURT MAKES THIS DETERMINATION WITHOUT CONSIDERING THE PROBABLE CAUSE THAT INDICATES THAT MS. RICHINS ACTUALLY CAUSED THE DEATH OF HER HUSBAND ON MARCH 4. WHILE THE COURT IS CONSIDERING STATEMENTS MADE BY MS. RICHINS AND ACTIONS TAKEN BY MISS RICHINS AFTER FEBRUARY 14, IT IS NOT THAT WHICH IS THE ALLEGED SUCCESSFUL COMPLETION OF THE ATTEMPT, RATHER, THE ACTIONS AND STATEMENTS THE COURT IS CONSIDERING THAT HAPPENED AFTER FEBRUARY 14 OR HER TEXT MESSAGES WITH HER PARAMOUR SAYING, "I WISH HE WOULD JUST GO AWAY." AND HER CONTACT WITH HER SOURCE SEEKING SOMETHING STRONGER. AND, HER STATEMENTS ON JUNE 18, 2022 TWO HER BEST FRIEND THAT SHE PROVIDED LUNCH. THIS, OF COURSE, INCLUDES THE EVIDENCE FROM THE MORNING OF FEBRUARY 14. SHE DID IN FACT BUY FOOD AND TAKEN TOGETHER, -- REASONABLE TO THE STATE, DRAWING REASONABLE INFERENCES, THIS EVIDENCE SUPPORTS A NONSPECULATIVE CONCLUSION THAT MS. RICHINS ATTEMPTED TO MURDER HER HUSBAND WITH FENTANYL ON FEBRUARY 14. HAVING DRAWN THAT DETERMINATION, IT REQUIRES WE GO TO TRIAL ON COUNT FOUR. >> WHAT YOU DON'T HERE ARE THE FINANCIAL RELATED CHARGES. YOU CAN FIND MORE ABOUT THAT ON OUR WEBSITE. IF YOU WOULD LIKE TO CATCH UP ON THE PAST REPORTING, HEAD TO KUTV.COM AND OUR YOUTUBE PAGE. >>> COMING UP ON ARC SALT LAKE, NEW REACTION AFTER A PHOTO IS POSTED ONLINE SHOWING STUDENTS WEARING BLACK FACE PAINT. WHY SOME PARENTS SAY THIS IS NOT AN ISOLATED INCIDENT. >>> BACK HERE ON ARC SALT LAKE. WE ARE HEARING CONCERNS FROM PARENTSIS PARENTS ABOUT INSTANCES OF RACISM. THIS AFTER TWO STUDENTS WERE PHOTOGRAPHED WEARING FULL BLACK FACE PAINT TO THE PINE VIEW HIGH SCHOOL BLACKOUT FOOTBALL GAME. PARENTS ARE SAYING THIS IS NOT AN IT'S ISOLATED INCIDENT. >> Reporter: I SPOKE WITH EDWARD WRIGHT AND HIS DAUGHTER IS A STUDENT HERE. HE SAYS HE IS DISTURBED AN ADULT DID NOT STEP IN SOONER. >> I AM A FIRM BELIEVER THAT IF MY DAUGHTER IS OLD ENOUGH TO EXPERIENCE RACISM, YOUR CHILD KNOWS WHAT IT IS. >> Reporter: PHOTOGRAPHED ARE POSTED ON A SOCIAL MEDIA ACCOUNT. >> YOU COULD HAVE TAPPED THESE YOUNG MEN ON THE SHOULDER, WHISPERED IN THEIR AIR AND LET THEM KNOW THE SIGNIFICANCE OF THIS. THERE RESPONSE WOULD HAVE BEEN THE RESPONSE BUT AT LEAST SOMEONE WOULD HAVE TAKEN IT UPON THEMSELVES TO HELP THESE YOUNG MEN UNDERSTAND THIS IS NOT RIGHT. >> Reporter: WRIGHT IS THE FATHER OF 11 KIDS, MANY WHO HAVE BEEN THROUGH THIS SCHOOL DISTRICT AND HAVE EXPERIENCE RACISM IN THIS SCHOOL DISTRICT. >> I HAVE TALKED WITH PARENTS IN THIS TOWN THAT HAVE PAPER TRAILS THAT SAY THAT THERE BLACK CHILDREN WERE BEING CALLED MONKEYS AND THINGS OF THAT NATURE. >> Reporter: I SPOKE WITH ONE WOMAN WHO HAS WORKED WITH THE SCHOOL DISTRICT WHO HAS DEVELOPED RACE-BASED TRAININGS BUT THIS TYPE OF EDUCATION HAS TO START IN THE HOME. >> THIS IS WHEN WE STEP FORWARD AND THAT LEAN INTO WITH. WHAT ABOUT THAT WAS HARMFUL? HOW CAN I EDUCATE MYSELF ABOUT BLACKFACE? >> I SAID THAT WE CAN DO MORE AND I DON'T WANT TO TO LIMIT THAT TO NEW TRAININGS. IT IS MORE OF WHAT EVER WE CAN DO, WE WILL TRY TO AND DO MORE. IT IT IS A PROGRESSION THING. WHENEVER AN INSTANCE LIKE THIS COMES UP IT SHOWS WE ARE WEAK IN THIS AREA AND WE CAN DO BETTER. >> Reporter: THE SCHOOL DISTRICT SAYS THEY ARE INVESTIGATING THE CIRCUMSTANCES AROUND THE INCIDENT, INCLUDING WHO AUTHORIZED THE PHOTO TO BE POSTED ON A SCHOOL SOCIAL MEDIA ACCOUNT. >>> IT IS AT THAT TIME OF YEAR. THE CHANGING OF THE SEASON AND TEMPERATURES ARE COOLING DOWN. WE ARE GETTING READY FOR FOOTBALL SEASON, SEAN. I THINK IN A FEW DAYS, YOU AND I AND A FEW OTHER MEMBERS OF OUR CREW WILL BE AT RICE ECCLES STADIUM FOR UTAH VERSUS SOUTHERN UTAH. I KNOW YOU WOULD RATHER STINK INTO THE GAME TO CHECK THINGS OUT. >> IT FEELS LIKE FOOTBALL SEASON WITH THIS WEATHER. I AM EXCITED. >> I AM TOO. I SEE THE CAR WASH FORECAST BEHIND YOU. WHAT COMES UP AFTER FRIDAY? IS THERE ANYTHING TO BE CONCERNED ABOUT LONG-TERM? >> VERY MINIMAL CHANGES. IT IS GOING TO BE A BIT ON THE HOT SIDE BUT NOTHING WE CAN'T HANDLE. RIGHT AROUND 89 DEGREES. TAKE ADVANTAGE OF IT AND GET YOUR LAWN WORK DONE AND ANY KIND OF YARDWORK. GET YOUR CAR WASH DONE AS WELL. GET YOUR MONEYS WORTH IN THE DAYS AHEAD. WE HAVE A COLD FRONT IN THE FORECAST AND THAT WILL DROP US DOWN TO 80 DEGREES. WE DID WARM UP QUITE A BIT FROM YESTERDAY. YESTERDAY WE HAD UNSEASONABLY COOL TEMPERATURES AND TODAY, 8- 12 DEGREES WARMER. IT FEELS BEAUTIFUL OUT THERE. 82 IN LOGAN AND 88 IN MILFORD. 96 IN ST. GEORGE AND NOTHING GOING ON OUT THERE. CALM FROM ALL OF THE STRONG WINDS WE HAVE SEEN OVER THE LAST FEW WEEKS. THE SEVERE WEATHER THREAT TO THE WEST END YOU CAN SEE SEVERE THUNDERSTORM WARNINGS. LOOK AT ALL OF THIS LIGHTNING HERE DEVELOPING SOUTH AND EAST OF THE CLEVELAND EVERY YEAR. NO IMPACT AT HOME. PLEASANT WEATHER THROUGH THE OVERNIGHT AND PLEASANT WEATHER MOVING THROUGH TOMORROW. JUST A LITTLE WIND SHIFT. NO WIND GUSTS. SOUTHERN WYOMING WILL BE GUSTY WITH ELEVATED WILDFIRE CONCERNS. HIGH PRESSURE SYSTEM BUILDS IN FOR THE WEEKEND. WHAT THIS MEANS IS TEMPERATURES ARE GOING TO RAMP BACK UP AS THIS RIDGE INTENSIFIES. WE ARE KICKING OFF THE MONTH OF SEPTEMBER WITH TEMPERATURES INTO THE 90s. OVERNIGHT WE ARE INTO THE 50s AND 60s. 54 IN RICHFIELD AND TOMORROW BACK INTO THE 80s. ST. GEORGE, YOU ARE UNBOTHERED BY THE FRONT AND NEAR 100 DEGREES EACH AND EVERY DAY. MAYBE A STORM ON SATURDAY. ALONG WASATCH FRONT WE GO FROM 86 DOWN TO 83 AND THE HOLIDAY WEEKEND, LOWER 90s. SUMMER IS STILL HERE. >> SO, LABOR DAY, MONDAY, I THINK WE HAVE TO WORK HERE. COME ON OVER HERE AND JOIN ME. MONDAY, WE ARE TALKING ABOUT WHAT IS THE BEST DAY TO GET OUT? BY THE WAY, I TOOK OFF MY TIE SO WE COULD LOOSEN UP HERE. BUT WE ARE TALKING ABOUT THE BEST DAYS TO GET OUT AND PLAY GOLF. IT LOOKS LIKE A DECENT STRETCH. MAYBE JUST A SPOTTY SHOWERS HERE AND THERE? >> IT WILL BE COOL. IT 50s AND 60s. >> MAYBE A BIT MORE PREDICTABLE THIS TIME OF YEAR? >> I LOVE IT. RIGHT AROUND THE CORNER THE LEAVES WILL CHANGE TOO. >>> STILL AHEAD ON JAMIE McGRIFF, SEVEN AIRMEN RECOGNIZED FOR THEIR HEROIC ACTIONS. WHAT THEY DID IN ZION NATIONAL PARK AS A RIVER STARTED TO RISE. >>> SEVEN AIRMEN AT NELLIS AIR FORCE BASE ARE RECOGNIZED FOR RESCUING HIKERS FROM A FLASH FLOOD IN ZION NATIONAL PARK. >> THEY NOTICED THE RIVER RISING AND SPRUNG INTO ACTION TO SAVE A GROUP OF HIKERS. EACH AIRMEN WAS AWARDED A SPECIAL COIN FOR THEIR EXTRAORDINARY BRAVERY AND COMMITMENT. >>> THANK YOU FOR JOINING US TONIGHT. WE WILL BE BACK TOMORROW AT 7:00. HAVE A GOOD EVENING.