Cases moving forward separately for trio accused in St. George woman’s murder

Stock photo by Alex Star/iStock/Getty Images Plus, St. George News

CEDAR CITY — Two of the three people accused of being involved in the death of Stevie Wilkerson have recently had their arraignments scheduled, while the third has already pleaded guilty to murder.

Undated photo of 26-year-old Stevie Wilkerson, who went missing from St. George, Utah, on Aug. 9, 2020 and was found dead two weeks later. | Image courtesy of the St. George Police Department, St. George News

The remains of Wilkerson, a 26-year-old St. George woman, were found in August 2020 in a remote part of western Iron County, approximately two weeks after she went missing. She reportedly died as a result of homicide by gunshot, according to a state medical examiner. Wilkerson’s death prompted a criminal investigation that led authorities to allege that Joseph Edward Fought, Maida Martinez-Westfall and Brittany Phillips were responsible.

Fought, 31, is facing one count of aggravated murder, a capital offense that is potentially punishable by the death penalty. 

Fought has also been charged with kidnapping, possession of a dangerous weapon by a restricted person and possession of a stolen vehicle. Since his incarceration in Iron County Jail nearly 14 months ago, Fought has also picked up four additional charges, all third-degree felonies: two involving assaults and two involving damage to jail property.

Martinez-Westfall, 36, is also accused of first-degree felony murder; her charge no longer includes a capital aspect but it is still punishable by up to 25 years in prison. She also faces one count of kidnapping, a second-degree felony.

Meanwhile, Phillips, 28, entered a guilty plea to one first-degree felony count of murder on Nov. 3. Her sentencing has been scheduled for Dec. 13.

All three cases are being adjudicated separately, although each is being heard by 5th District Judge Matthew L. Bell.

As previously reported in St. George News / Cedar City News, the trio is accused of transporting Wilkerson from St. George in a pickup truck on Aug. 9, 2020. After passing through Enterprise, they turned off onto a dirt road and allegedly made Wilkerson get out of the vehicle.

According to charging documents, Fought and Martinez-Westfall walked with Wilkerson some distance away from the truck, then later returned to the vehicle without Wilkerson.

“When Fought and Martinez returned to the truck, Wilkerson was not with them,” a probable cause statement alleges, adding, “Phillips stated that Fought said, ‘No body, no case.’”

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Jail booking photos of (L-R) Joseph Edward Fought, Maida Janet Martinez-Westfall and Brittany Phillips, Cedar City and Hurricane, Utah, September 2020 | Photos courtesy of Iron County Sheriff’s Office and Washington County Sheriff’s Office, St. George News / Cedar City News

Fought appeared at an in-person preliminary hearing held in Cedar City’s 5th District Court last Friday. However, instead of in-person witnesses, sworn statements were used, as permitted under Rule 1102 of the Utah Rules of Evidence.

Screenshot showing inside of courtroom of 5th District Judge Matthew L. Bell during a preliminary hearing for Joseph Fought, Cedar City, Utah, Nov. 12, 2021 | Image courtesy of 5th District Court via WebEx, St. George News / Cedar City News

Fought’s hearing was similar to Martinez-Westfall’s preliminary hearing that had taken place two days earlier on Nov. 10, although her appearance was made via videoconference from jail. In both cases, Bell heard defense objections regarding the use of 1102 statements versus in-person witnesses. However, the court ultimately ruled that there was sufficient evidence to bind both defendants over for trial. 

A sworn statement from Phillips was among the 1102 affidavits filed in both cases, suggesting that she would likely be called as a witness for the state if either Fought’s or Martinez-Westfall’s case ends up going to trial.

Martinez-Westfall’s next scheduled appearance is a status hearing on Dec. 13, while Fought’s arraignment has been scheduled for Jan. 31.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Copyright St. George News, SaintGeorgeUtah.com LLC, 2021, all rights reserved.

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