- Associated Press - Friday, August 14, 2015

SALT LAKE CITY (AP) - A Utah appeals court has refused to toss out the conviction of a powerboat owner found guilty in a swimmer’s death at a reservoir near Ogden.

Skyler Shepherd argued there wasn’t enough evidence of misdemeanor reckless endangerment and other charges, but the Utah Court of Appeals disagreed in a decision handed down Thursday.

Shepard wasn’t behind the wheel, but was one of three people aboard the boat when it hit 49-year-old University of Utah scientist Esther Fujimoto in 2011.

Shepard took the wheel and turned back to check after the impact, but said he left because she appeared uninjured. Prosecutors countered that she suffered deep wounds from the boat propeller and her screams were audible.

The two other men aboard were convicted on similar charges. Shepard was sentenced to 2 ½ years in jail.

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