Millcreek assault victim faces obstacle to restitution as accused assailant dies while awaiting trial

MILLCREEK, Utah (KUTV) — A 2News investigation has found that the victim of a brutal 2023 attack in Millcreek is unable to receive criminal restitution because the accused attacker died in jail while awaiting trial.

Our initial investigation revealed that the accused attacker, James Edward Allums, a career criminal with multiple convictions, including for armed robbery, was on parole at the time. Allums was previously granted parole by the Utah Board of Pardons and Paroles after he was found guilty of three counts of aggravated robbery in 1998. He was sentenced to three concurrent terms of five years to life in the Utah State Penitentiary. He was granted parole and federal authorities charged him with aggravated bank robbery in November 2007 in South Salt Lake City. He was found guilty of several federal charges and sent to federal prison. Parole decisions have come under scrutiny following a near-fatal attack.

On November 8, 2023, Mulan closed the Stag hair salon for the night. She had about $800 in sales that day when Allums, who was on parole at the time, was seen on surveillance video attacking her as she locked the door and headed to her car.

PREVIOUS REPORTING:

2News Investigates obtained Unified Police Department body camera footage and UPD surveillance video discovered during the criminal investigation that showed Allums not only arriving at the scene, but also leaving it. Surveillance video shows Allums approaching Mulan as she opened the front passenger door of her car to put her belongings inside. Mulan can be heard repeatedly telling him, “I’m giving you money.” Allums had what appeared to be a fake gun in his hand and demanded she give him the keys and told her to get into the car several times. When she refused, the video shows him hitting her and her screaming.

UPD Detective Michell Valencia wrote in his probable cause affidavit that when she refused to get into the car, he hit her in the head and face with a fake gun. Allum pushed her into the car and continued beating her. He then showed her duct tape and a metal cement pole. She fought back and surveillance video shows her crawling on all fours in front of her store, screaming for help with a metal stake in her hand, which she managed to take from Allums, leaving a trail of blood.

The teenager found her crawling on the sidewalk, and when the city bus driver stopped at a stop, he jumped on the bus and told the driver to call 911. In the body camera video, he tells officers: “I was walking along the road, and she was crawling behind me and screaming.” “Help me,” and I ran up and she was covered in blood.”

Allum was captured on surveillance video walking through townhouses north of the barbershop after the attack. He threw his gloves, hat, airsoft pistol and keys into the trash can. They found Mulan’s empty purse and phone in someone’s backyard. The seat in her car, where he forced her into, was covered in blood. Most of the items found by UPD had blood on them and were sent to the State Crime Lab, and the DNA on the items belonged to the Allums.

Surveillance video from Allums’ home shows him returning home after the attack wearing the same clothes as seen in surveillance video from a home near the crime scene.

Earlier this year, Mulan told 2News Investigates: “He hurt me very much. Hurt my senses, damaged my physical state, and I’m still dizzy. My arms still hurt. My heart is broken for my boys and my husband is the hardest hit.”

The Salt Lake County District Attorney’s Office charged Allums with aggravated kidnapping, aggravated robbery and obstruction of justice. Shortly after the attack, Mulan qualified and received a sum of money known as “reparations” from the Utah Office for Victims of Crime, known as UOVC. Crime victims may qualify for up to $50,000 to help cover costs.

Meanwhile, Allums was sent back to prison for a parole violation and was awaiting trial when he died on November 2, 2024. Glen Mills, director of communications and government relations for the Utah Department of Corrections, confirmed to 2News Investigates that Allums died of natural causes.

On November 18, Salt Lake County District Attorney Sim Gill and Deputy District Attorney Sasha Brown filed a motion to dismiss the case in the “interests of justice” due to Allums’ sudden death. That same day, Third District Court Judge Vernice Treese ordered all charges dropped and the case dismissed.

Now that the prosecution has been dismissed due to Allums’ death, Mulan appears to have no legal option to seek criminal restitution, since the DA’s office cannot prosecute a deceased person, and under state law, criminal restitution is only achieved if if the accused in a criminal case is found guilty. We contacted the Salt Lake County District Attorney’s Office about this.

Here is the response we received from the DA’s office, which reads in part:

“Now moving to restitution, this is a new situation for our office. There are legal obstacles. Criminal restitution is available when specifically authorized and limited by state laws granted to us by the Utah Legislature. One important requirement for restitution is that the defendant must be found guilty of criminal conduct that directly caused financial harm to the victim of the crime. In this case, the accused died before being found guilty of any of the crimes charged. We will continue to investigate whether this will be done. our office can legally take redressal action.”

The DA’s office also provided options to Mulan and other crime victims in similar situations.

These are options available to victims similarly situated to this individual, including the victim in this case.

First, regardless of whether restitution is awarded or not, the SLCo DA office will continue to provide crime victims with access to our Victim Services Department for support, referrals to benefits and resources as permitted by law.

Second, regardless of restitution or not, a crime victim can request and receive Utah statutory benefits through the Utah Office of Victims of Crime. The SLCo DA will assist the UOVC by providing records and information and access to evidence as permitted by law.

Third, regardless of restitution or not, on the one hand, SLCo DA is legally unable to provide legal advice or representation to crime victims as a client. On the other hand, depending on the circumstances, restitution laws allow the victim to act on his own, with the help of a private attorney, by filing a separate civil claim for damages.

The SLCo District Attorney’s Office urges the victim to obtain competent legal advice and assistance from an individual private attorney in seeking compensation from the wrongdoers and from the heirs and estate of the deceased defendant. SLCoDA urges the victim to contact the Utah State Bar for a referral to accessible and competent legal assistance. SLCODA also encourages the victim to visit the Utah Courts website for resources and information.

PREVIOUS REPORTING:

Tom Ross, executive director of the Utah Commission on Criminal and Juvenile Justice, known as CCJJ, contacted UOVC for 2News Investigates, and Dale Oiler, assistant director of the reparations program, agreed to be interviewed on camera. UOCV is a division of CCJJ.

UOVC provides financial compensation to victims who have suffered physical or psychological injury or death. It was founded by the Utah State Legislature in 1986 and its mission is to protect the rights and needs of crime victims in Utah by assisting with financial compensation and victim services.

Oyler was not allowed to talk about Mulan’s case due to confidentiality rules.

He said: “For anyone else who would be in a similar situation, this is the right thing to do, so for us it doesn’t matter whether the accused or the suspect dies, the criminal or not, we will still help the client or the victim. And they have three years from the date they submit an approved application for benefits from our office.”

EXTENDED INTERVIEW WITH DALE OYLER OF THE UTAH OFFICE OF CRIME VICTIMS SERVICES:

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