MILLCREEK, Utah (KUTV) — A 2News investigation has found that the victim of a savage attack in Millcreek in 2023 cannot receive criminal restitution because her accused attacker died in prison while awaiting trial.

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

On November 8, 2023, Mulan was closing the Stag Barbershop 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 walked to her car.

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2News Investigates obtained Unified Police Department body camera video and surveillance video recovered by UPD during its criminal investigation that not only places Allums at the scene, but also leaving the scene. Surveillance video shows Allums approaching Mulan as she opened the front passenger door of her car to put her belongings inside. Mulan is heard repeatedly telling him, “I’ll give you the money.” Allums was holding what turned out to be a fake gun and demanded her keys and told her several times to get in the car. When she refused, the video shows him hitting her and screaming.

UPD Detective Michell Valencia wrote in his probable cause statement that when she refused to get into the car, he hit her in the head and face with the fake gun. Allums pushed her into the car and continued to hit her. Then he showed her duct tape and a metal cement stake. She fought back and is seen on surveillance video crawling on her hands and knees outside her store screaming for help with the metal stake in her hand that she managed to take from Allums, leaving a trail of blood.

A teenager found her crawling on the sidewalk, and when a city bus driver pulled up to the bus stop, he got on the bus and told the driver to call 911. In the body camera video, he tells UPD officers: “We were going down. the road and she was crawling back screaming ‘help me’ and I ran and she was covered in blood.”

Allums was caught on surveillance video walking around the homes north of the barber shop following the attack. He threw gloves, a hat, an airsoft gun and the keys into a trash can. They found Mulan’s empty purse and phone in someone’s yard. The seat in her car that he forced her into was covered in blood. Most of the items recovered by UPD had blood on them and were sent to the State Crime Lab, and the DNA on the items belonged to Allums.

Surveillance video from Allums’ home shows him coming home after the attack wearing the same clothes he was seen on surveillance video from a residence near the crime scene.

Earlier this year, Mulan told 2News Investigates, “It hurt me really bad. Hurt my feelings, physically hurt my still dizzy head. My hands are still sore. 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 for and received some money known as “restitution” from the Utah Office of Crime Victims, known as UOVC. Crime victims may qualify for up to $50,000 to help with expenses.

Meanwhile, Allums was sent back to prison for parole violations and was awaiting trial when he died on Nov. 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 Nov. 18, Salt Lake County District Attorney Sim Gill and Assistant District Attorney Sasha Brown filed a motion to dismiss the case in the “interest of justice” due to Allums’ sudden death. That same day, Judge Vernice Trease ordered all charges dismissed and the case was dismissed.

Now that legal proceedings have been concluded over Allums’ death, Mulan appears to have no legal recourse to recover criminal restitution, as the DA’s office cannot prosecute a deceased person and, under state law, criminal restitution is only made when a criminal defendant is convicted. I asked the Salt Lake County District Attorney about this.

This is the response I received from the DA’s office, which says in part:

“In terms of restitution, this is a new situation for our office. There are legal obstacles. Restitution in criminal cases is available as specifically permitted and limited by state statutes given to us by the Utah legislature. An important requirement for restitution is that the defendant be convicted of criminal conduct that proximately caused pecuniary loss to a victim of the crime will continue to investigate whether our office can legally take steps to seek restitution.”

The DA’s office also offered options for Mulan and other crime victims who find themselves in a similar situation.

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

First, restitution or not, the SLCo DA’s office will continue to provide crime victim access to our victim services unit for support, referrals to benefits, and resources as permitted by law.

Second, restitution or not, a crime victim can seek and obtain benefits under Utah state law through the Utah Office for Victims of Crime. SLCo DA will assist UOVC by providing records and information and access to evidence as permitted by law.

Third, restitution or not, on the one hand, by law, the SLCo DA cannot provide legal advice or representation to any crime victim as a client. On the other hand, depending on the circumstances, the restitution statute allows a victim to act independently, with the assistance of private counsel, by filing a separate civil action to seek damages.

The SLCo DA’s office urges the victim to obtain competent legal advice and assistance from separate private counsel in seeking compensation from the perpetrators and the deceased defendant’s heirs and estate. SLCoDA urges the victim to contact the Utah State Bar to obtain a referral to competent and affordable legal assistance. SLCODA also urges the victim to access the Utah Courts website for resources and information.

PREVIOUS REPORTING:

Tom Ross, executive director of the Utah Commission on Juvenile and Criminal Justice, known as CCJJ, reached out to UOVC for 2News Investigates, and Dale Oyler, deputy director of the Reparations Program, agreed to an on-camera interview. UOCV is a division of CCJJ.

UOVC provides financial compensation to victims who suffer physical or psychological injury or death. Established by the Utah Legislature in 1986, its mission is to support 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 this similar situation, it’s fair, so for us it doesn’t matter whether the defendant or the suspected offender is deceased or not, we will still help the client or the victim. And they have three years from the date they applied for an approved application to receive benefits from our office.”

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

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