By Jeannette Boner
Jackson Hole News&Guide
Via- Wyoming News Exchange

JACKSON — Jackson resident Jody Utter remains in Teton County Jail, charged in the Saturday death of Florence McCall-Phillips, a well-known portrait photographer and community member.

Utter, 53, faces one count of felony aggravated vehicular homicide and another of misdemeanor driving under the influence.

He made his initial appearance Monday in Teton County Circuit Court, where Judge Erin Weisman set bond at $300,000 cash — $50,000 more than the $250,000 recommended by Teton County Prosecuting Attorney Dick Stout.

If Utter posts bond, Weisman will require him to enroll in a 24/7 sobriety program and have no contact with the victim’s family, among other release conditions.

“The charges in this case are quite serious,” Stout, the prosecutor, said in court Monday. “The allegations in this matter are tragic in that someone lost their life.”

In arguing for a quarter-of-a-million-dollar bond, Stout pointed to Utter’s two prior convictions from 2006 — battery of a household member and breach of peace — while noting that Utter has lived in Jackson for 30 years and has maintained the same employer for the past 26.

Zane Aukee, Utter’s defense attorney, asked Weisman to set bond at $10,000 cash and require sobriety monitoring.

Aukee argued that the charges levied against Utter do not involve specific intent to harm. The attorney said bond should not be punitive, just sufficient to ensure his client’s court appearance.

McCall was on her bike Saturday afternoon near Melody Creek Lane when she was allegedly struck by a vehicle driven by Utter. He admitted to drinking and later registered a blood alcohol level more than twice the legal limit, according to the Teton County Sheriff’s Office.

Emergency responders were dispatched at 2:34 p.m. Saturday, according to Sgt. John Faicco. First responders attempted to save McCall’s life, but she was pronounced dead at 2:53 p.m.

Faicco said Utter showed signs of intoxication at the scene, admitted to drinking three pints of beer, and performed poorly on field sobriety tests. He was arrested for DUI at 2:49 p.m. A portable breath test conducted about 30 minutes after the crash showed Utter’s blood alcohol concentration was 0.165, over twice the legal limit of .08. A subsequent test at the jail confirmed Utter’s elevated BAC.

The sheriff’s preliminary investigation suggests Utter was driving westbound at a high rate of speed and crossed the center line before striking McCall. The point of impact was roughly 200 feet from where she came to rest, according to a police report. No other vehicles were involved, and Utter was alone in the car.

In addition to the DUI, Utter faces a felony charge of aggravated vehicular homicide, which under Wyoming law can carry a penalty of up to 20 years in state prison.

“With summer in full swing, DUI incidents are becoming more frequent,” Faicco said. “If you’re going out, find a safe ride home — call a cab, arrange a designated driver, or use a ride service. No one in our community wants to see another life lost this way.”

As of April, there had been no reported bicycle-related fatalities in Wyoming this year. None were reported in 2024, according to the Wyoming Department of Transportation.

Nationally, however, bicyclist fatalities are on the rise. The National Highway Traffic Safety Administration reported a 38% increase in bicyclist deaths between 2011 and 2020, a trend it attributed to larger vehicles and increased speeding.

Despite its recent fatality-free record, Wyoming ranks 44th in The League of American Bicyclists’ 2024 Bicycle Friendly State Report and Ranking.