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September 3, 2026

Charges with Victim Targeting Penalty Enhancements Filed Related to Alleged Threats to Kill Due to Sexual Orientation

Today, Salt Lake County District Attorney Sim Gill announced the filing of charges, including three charges with victim targeting penalty enhancements against Damyen Vainuku for threatening to kill F.F. and his family while referencing F.F.’s sexual orientation.

 

On August 21, 2026, Salt Lake City Gang detectives interviewed F.F., who told them that Vainuku has known him since high school. F.F. told police he has asked the defendant to leave him alone multiple times, but the defendant has continued to follow F.F. on social media using multiple accounts. On August 20, 2026, the defendant attempted to add F.F. on Snapchat, and F.F. asked why the defendant kept trying to follow him. The defendant then allegedly began to send threats to kill F.F. and his family. F.F. reported the defendant said he couldn’t wait to kill a gay person. On August 25, 2026, police took the defendant into custody, where he admitted to sending threats to kill F. F. and their family, and that those threats were made to F.F. because of his sexual orientation.

 

The defendant is charged with:

  • One count of stalking-weapon/means/force likely to cause death or injury, a second-degree felony with a penalty enhancement due to a victim targeting penalty enhancement. 
  • Six counts of prohibited dangerous weapon conduct- category II, third-degree felonies
  • One count of threat of violence, a class A misdemeanor after being enhanced from a class B misdemeanor due to a victim targeting penalty enhancement
  • One count of harassment, a class A misdemeanor after being enhanced from a class B misdemeanor due to a victim targeting penalty enhancement
     

Notice was given in the filed information document that the Defendant is subject to enhanced penalties as provided under Utah Code Annotated §76-3-203.14, or victim targeting penalty enhancement (generally referred to as hate crimes), because the defendant intentionally selected the victim because of the defendant's belief or perception regarding the victim’s personal attribute.

 

“Threats of violence are unacceptable; stalking and threats based on someone’s sexual orientation or how they appear are abhorrent and make our entire community less safe. Our Survivor and Victims Services team will work with F.F. and his family to ensure they have the support they need to help process the trauma they are likely experiencing after being targeted by these alleged threats,” said Salt Lake County District Attorney Sim Gill. “We appreciate the detailed and thoughtful investigation conducted by the Salt Lake City Police Department that led to the filing of these charges. All persons accused of wrongdoing are presumed innocent unless and until proven guilty in a court of law." 

Appendix

Utah code has two statutes for what we would commonly consider a hate crime. In this case, the Salt Lake County District Attorney’s Office elected to enhance under Utah Code Annotated §76-3-203.14, otherwise known as the victim targeting penalty enhancement. This statute provides for enhancements for crimes where the defendant specifically targets someone based on an enumerated “personal attribute.” This includes targeting an individual based on their sexual orientation. Under this statute, misdemeanors are enhanced one degree, so a class C misdemeanor becomes a class B misdemeanor, a class B misdemeanor becomes a class A misdemeanor, and a class A misdemeanor becomes a third-degree felony. When applied to either a third-degree felony or a second-degree felony, the possible penalty for that felony is enhanced, and, if the defendant is sentenced to prison on that charge, the minimum prison sentence before the defendant is eligible for parole is increased by one year. When applied to a first-degree felony, the sentencing Judge or the Board of Pardons is instructed to consider the defendant’s selection of the victim as an aggravating factor when determining sentencing or parole.