SALT LAKE CITY, Utah, Jan. 22, 2018 (Gephardt Daily) — The Utah Attorney General’s Office announced Monday that it has dismissed its appeal of charges that San Juan County Sheriff Rick Eldredge aimed a weapon and “dry fired” at one of his deputies, and obstructed justice by misleading investigators for more than a year.
The charges, according to a probable cause statement, stemmed from a May 2015 incident during which Eldredge was accused of pointing an unloaded assault rifle at a San Juan County Sheriff’s Office employee and pulling the trigger. The employee reportedly heard the click, then turned around and saw Eldredge pointing the rifle at him.
The employee filed a complaint.
Multiple charges of criminal misconduct were filed in May 2017 against Eldredge and two of his subordinates in relation to the 2015 incident and subsequent alleged attempts to mislead investigators.
In November 2017, 7th District Court Judge George Hammond dismissed the case against Eldredge and two of his deputies who had been charged with retaliation against a witness and related charges by another department employee.
On Monday, Chief Criminal Deputy Spencer Austin, of the Attorney General’s Office, issued a statement that includes the subheading, “Chief deputy asserts justice of charges, but moving past case is in best interest of citizens.”
It goes on to state that the AGO is confident it would prevail in appealing the case. It says there are “clear legal errors in the trial court opinion,” and “there is no question this case would be bound over for trial” if the law were properly applied.
The AGO statement says there was no “personal agenda” involved in appealing the case, and it was decided to dismiss the appeal rather than “eat up limited resources” that could be better used on behalf of the citizens.
As part of the state’s decision to withdraw the appeal, an agreement has been reached with Eldredge. One of the terms of the agreement is that “the Sheriff will participate in firearm safety and de-escalation training with the AGO’s statewide critical incident firearm training program.”
The statement in its entirety is below.
“The Utah Attorney General’s Office is confident we would prevail on appeal in this case as there are clear legal errors in the trial court opinion. If the law was properly applied, there is no question this case would be bound over for trial. The obstruction of justice charge is particularly compelling and would have been reversed. However, such a course would eat up limited resources that both of our offices could better utilize on behalf of our citizens. The defense team presented enough preliminary questions, and we negotiated sufficient resolution, that going to trial no longer seems in the best interest of the state.
“This was not a case the AGO sought out nor does it take any pleasure in investigating or prosecuting fellow law enforcement officers, but it is a responsibility we take seriously. Prior to this case, the AGO had only positive interactions with Sheriff Eldredge and his team. We had no personal agenda in our investigation and prosecution except to do justice.
“In addition to several seasoned prosecutors within the AGO who unanimously recommended prosecution, a rural county attorney screened the case by request of the Utah Sheriffs Association. That rural county attorney made an independent recommendation for prosecution. We appreciate the support of the law enforcement community and the many law enforcement leaders who encouraged us in our pursuit of the case.
“From the outset of this matter, a deputy maintained that Sheriff Eldredge pulled the trigger on a rifle aimed directly at the deputy. To his credit, Sheriff Eldredge has admitted he made an inadvertent mistake in aiming his weapon at his deputy near the gun range. Had the Sheriff remembered this incident earlier in the case, and addressed it then, charges would not have been filed.
“The State has now withdrawn its appeal as part of an agreement with Sheriff Eldredge. Among the terms of the agreement, the Sheriff will participate in firearm safety and de-escalation training with the AGO’s statewide critical incident firearm training program.
“With this resolution, we hope the Sheriff will continue his public service and are confident he will exemplify the best law enforcement has to offer. San Juan County and the AGO have a long history of mutual respect and cooperation. We look forward to our continuing partnership to serve and protect San Juan County citizens.”
