2 men acquitted of murder after fatal shooting at Christmas party

SALT LAKE CITY — Jurors found two men not guilty of murder on Friday after the men testified that they acted in self-defense in a fatal shooting at a Christmas gathering last year.

Kevin Charles Scarbourough, 39, and Zachary Gage Prescott, 25, were each found not guilty of murder, a first-degree felony, and felony discharge of a firearm, a third-degree felony, after spending much of 2026 in jail. The eight jurors deliberated for just under three hours before reaching their verdict.

Alex Powell, 34, was shot and killed outside a South Jordan home following a party in the early morning hours of Dec. 27, 2025. He died later at a hospital from his injuries.

Jurors heard testimony starting Monday from investigators, as well as witnesses who were at the Christmas party. They testified that they were at a family holiday gathering, which grew as friends were invited. The adults were upstairs drinking while the children were downstairs. Some testified that they were playing video games but came up when they heard the fighting to see what was going on.

Multiple people testified that Powell threw the first punch in a fight that began in the kitchen, moved to the backyard, and then back into the kitchen before Scarbourough and Prescott ran outside, and Powell followed.

Bryan Winters, Powell's half-brother, testified about running after Scarbourough after the shooting and attacking him in the street, hitting him seven or eight times, before officers showed up — a different story from his initial conversation with police.

"My brother just got shot right in front of me, and I was assaulted first," he testified.

Winters claimed the injuries on Scarbourough's face were all from his attack after the shooting, and he wasn't bleeding earlier.

'Extremely scared'

Scarbourough testified on Thursday that he was defending himself following four different fights with men who were much heavier than him. He said as soon as he saw Alex Powell at the home, he was worried. Later, he came out of the restroom and saw Powell and Prescott in an altercation, and he intervened and got hit, he said.

Although the different fights were "fuzzy" in his memory, and he didn't know how they ended up in different locations, he testified that he and Prescott ran out of the home through the garage and Powell followed.

"It was a lot going on, I screamed 'shoot' … I was just thinking about my kids," he testified, noting he was "extremely scared."

Prescott said Powell had come up and cursed at him without provocation. He said others tried to cool the situation down, but the fighting continued. He testified that he and Scarbourough came inside from the backyard intending to leave, and Powell slammed the sliding door open to "rush in toward Kevin (Scarbourough)" and slam him to the ground.

"I'm scared for sure," he said.

He testified that he saw blood on Scarbourough's face, and his friend told him, "We need to leave," and they tried to go as fast as possible, but two of the men followed.

Prescott said he doesn't remember hearing Scarbourough tell him to fire. He said there was a lot of noise at the time, but he did shoot.

"I shoot low, and then I run," he testified. "I was scared for my life and I was scared for Kevin's life, and I thought maybe that one of us would be killed."

He said he has always carried a gun for self-defense, and having a gun with him was normal.

Gun at a fist fight

Salt Lake County attorney Samuel Sutton claimed in his closing arguments that there is no credible evidence that the man who was shot had a weapon, and both men acted with the intent required to commit crimes, citing their testimonies as evidence.

"They brought their gun to the fist fight. They shot and killed an unarmed man without legal justification. Find them guilty," Sutton told the jurors.

He said hesitation from Prescott communicated that he didn't have to fire the gun. Multiple witnesses testified that Prescott said something like, "I don't want to go to prison," and that, with other evidence, "conclusively disproves that this has anything to do with self-defense."

Sutton played doorbell video for the jurors, noting that they could hear Scarbourough say, "drop him," and told them the tone of voice was not fear or panic, but anger and confrontation.

"That is Kevin Scarbourough saying ... 'We're handling this on our terms,'" Sutton claimed.

The attorney also analyzed the angle that Powell was hit and said it showed he was leaning away from them when he was hit. He talked about a drone locating Scarbourough in a field and claimed he was "hiding from police." He claimed not having the gun when police found them was more evidence of guilt.

'Men trying to survive'

Prescott's attorney, Nick Falcone, claimed Sutton's arguments weren't supported by evidence and said Powell's choices led to what happened, noting he had an "incredible" alcohol level of .220. He said a drunk and violent Powell had pushed Prescott against a wall, and questioned what he would have done if he had caught up to them outside the home.

"Zach had a gun, he felt like his life was in danger, he felt like Kevin's life was also in danger, and he shot at Alex," Falcone told the jurors.

He said each of the elements required for a finding that the two men acted in perfect self-defense, which is justified in Utah's law, was met.

Rudy Bautista, who represented Scarbourough, emphasized the significant weight differences between the two men who were charged and Powell, who he claimed was 300 pounds. He said if they had not fired the gun, many people might still be in the courtroom with Powell facing murder charges instead.

He said there were four violent encounters that night, and each time, Prescott and Scarbourough tried to flee and "escape the violence."

"Serious bodily injury was actually caused. … They get to act," Bautista told the jurors. "This is clearly men trying to survive."

The attorney argued that if the jurors are not sure what happened by the end of the trial, then prosecutors did not prove the case beyond a reasonable doubt.

"A man who spent his life being violent, they would have you believe wasn't being violent on this night," Bautista said, noting domestic violence reports and criminal charges Powell had previously faced.