The man accused of the rape and murder of Sierra Newbold was to appear before a judge Thursday.
Black is also charged with a bank robbery, and he was to be officially charged for that crime.
“He refused to come out however he should be coming tomorrow,” says his attorney Ari Chino.
Chino is his attorney on the bank robbery charges and says he had no idea why Black refused to come out of his jail cell.
Prosecutors claim Black stole a vehicle and robbed a bank in West Jordan three days after police say he killed Sierra.
“Who wouldn't be shaken by all this,” says Chino. “These are the most heinous allegations be leveled against anyone. But right now I don't want him to be viewed negatively in the public.”
But Black's journey through the legal system becomes even tougher.
Salt Lake's District Attorney tells ABC 4 News the death penalty is possible.
“We have a person that is under 14 years of age and we have allegations of kidnapping and allegations of rape of child,” says Sim Gill. “These are factors that can make this case into a potential death penalty."
Gill says his office will consult the family before making any decision. And he says they won’t make that decision until after the preliminary hearing.