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St. George Police arrest alleged gang member wanted for murder

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ST. GEORGE — St. George Police arrested an alleged gang member living in Washington County who is a suspect in multiple homicide investigations in Los Angeles, California. Police arrested the man Thursday on a warrant issued for murder. He is being held on $1,000,000 bail.

Carlos A. Gonzalez-Mendez booking photo posted Jan. 14, 2016 | Photo courtesy of Washington County Sheriff’s booking, St. George News
Carlos A. Gonzalez-Mendez booking photo posted Jan. 14, 2016 | Photo courtesy of Washington County Sheriff’s booking, St. George News

Authorities culminated an ongoing investigation Thursday into Carlos A. Gonzalez-Mendez, a suspected Mara Salvatrucha (MS-13) gang member, according to a probable cause statement filed by the St. George Police Department in support of the arrest.

The St. George Police Department was advised that the Superior Court of Los Angeles Judicial District held a valid felony warrant issued Jan. 12 by Judge Douglas Sortino for the arrest of Gonzalez-Mendez for the criminal offense of murder under California Penal Code.

According to court documents, a 52-page declaration was filed in support of the arrest warrant which included reports and statements from victims, witnesses and others concerning the commission of the criminal offenses for which the complaint is being sought.

The St. George Police Department’s Fraudulent Identity and Security Threat Unit, U.S. Marshals Service, Homeland Security and the Los Angeles Police Department worked together to locate Gonzalez-Mendez, the report stated.

Gonzalez-Mendez was apprehended during a traffic stop where he was observed as a passenger in the vehicle according to the report. He was arrested and booked into the Washington County Purgatory Correctional Facility.

His bail was set by Judge Sortino, of the State of California, in the amount of $1,000,000.

Gonzalez-Mendez will be extradited back to California where he stands charged with murder.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

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Wingsuit flier jumps to his death in Paria Canyon

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PAGE, Ariz. – A California man died Tuesday while wingsuit flying among remote cliffs on the Arizona-Utah border. Authorities are continuing to work Friday to recover the man’s body from the cliff.

The Coconino County Sheriff’s Office responded to the Paria Canyon-Vermilion Cliffs Wilderness area where 29-year-old Mathew Kenney, of Santa Cruz, jumped to his death Tuesday while wingsuit flying with friends, according to a media statement issued by the Sheriff’s Office.

wingsuit flyer
A photo of Mathew Kenney posted on Kenney’s Facebook page Oct. 13, 2015

Authorities located Kenney’s body in the steep canyon walls below where he jumped, approximately 15 miles north of Lee’s Ferry in a rugged and desolate area within the Bureau of Land Management Arizona Strip District, according to the statement.

The Sheriff’s Office Short Haul Team and an Arizona Department of Public Safety Air Rescue helicopter responded to recover Kenney’s body. However, steep terrain and patches of ice atop the canyon walls kept crews from being able to safely anchor in order to access the body.

Attempts made Thursday to recover Kenney’s body from the crevice of the cliff were also unsuccessful.

“Our Search and Rescue Coordinator continues to meet with assisting agencies to discuss plans and options for a recovery of the body,” the Sheriff’s Office said Thursday, “while maintaining the safety of the recovery crew.”

Wingsuit flying is one of the most extreme forms of BASE jumping, an activity which involves jumping with a parachute from tall structures such as buildings, bridges and natural features — BASE being an acronym of the different platforms: “building, antenna, span and Earth.”

A video posted on Vimeo in August 2012 shows wingsuit-flying footage shot by Kenney and fellow wingsuit fliers.

Wingsuit fliers glide frighteningly close to cliffs and trees in their suits that resemble flying squirrels. It is illegal in national parks but not in the wilderness area where Kenney jumped.

The Vermilion Cliffs rise as much as 3,000 feet. The area is popular with hikers for its slot canyons and a formation known as The Wave, a geologic rock formation with intersecting U-shaped troughs and swirls of reds, oranges and yellows that fold into a bowl.

The Sheriff’s Office said it is continuing to work with other agencies, including Arizona Department of Public Safety Air Rescue, National Park Service Search and Rescue and Bureau of Land Management, to devise a plan that will allow rescuers to safely access and recover Kenney’s body.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

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Ivins man arrested for lewdness

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WASHINGTON COUNTY — Police arrested a 31-year-old Ivins man Wednesday for lewdness and intoxication after he allegedly walked out of his house naked and had a conversation with four juveniles.

lewdness
Michael Douglas Wilson, of Ivins, Utah, booking photo posted Jan. 13, 2016 | Photo courtesy of Washington County Sheriff’s booking, St. George News

Just before 6 p.m., officers responded to a lewdness report at an Ivins residence, according to a probable cause statement filed by the Santa Clara-Ivins Police Department in support of the arrest.

“Information was gathered and it was determined that Mr. Wilson walked out of his residence with no cloths (sic) on,” the arresting officer wrote in the statement, “and began a conversation with four juveniles.”

The juveniles told police that they believed the man was intoxicated because of his speech, the statement said.

The man was identified as Michael Douglas Wilson, according to the report. Upon speaking with Wilson at his residence, police took him into custody.

“Mr. Wilson was intoxicated and was transported to the hospital for a medical clearance,” the officer wrote in the statement.

After being released from the hospital, Wilson was transported and booked into the Washington County Purgatory Correctional Facility.

He was charged with a class A misdemeanor for lewdness involving a child under 14 years old; three class B misdemeanors for lewdness, and a class C misdemeanor for intoxication.

Wilson’s court arraignment is scheduled for Jan. 21 in 5th District Court.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

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Utah maintains AAA bond rating, Utah’s Rainy Day Fund reaches $528 million

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ST. GEORGE – Utah received a AAA bond rating from the two rating agencies to review the Beehive State this year, Gov. Gary R. Herbert and State Treasurer David Damchen announced Tuesday, affirming Utah’s strong state economy and prudent fiscal management. Utah is one of only nine states to maintain the rating by all three rating agencies.

“Utah’s conservative fiscal principles and debt management practices continue to provide the state with the highest credit ratings available,” Gov. Herbert said. “This demonstrates the state’s ability to do what many others have failed to accomplish: manage money wisely.”

Utah is one of only nine states to maintain a Triple-A bond rating — the highest possible rating — from all three rating agencies, according to the governor’s office.

The Beehive State also continues to be less reliant on federal dollars than its peers.

“Currently, the state has the lowest total federal spending of any state when measured on a per-capita basis,” Gov. Herbert’s Office said in a media statement Friday, “and the seventh-lowest total federal spending relative to gross domestic product.”

The governor’s 2017 fiscal year budget also proposed to pay off $350 million in existing debt, bringing the total debt paid off by the state over the past five years to nearly $1.5 billion. In addition, Utah’s Rainy Day fund has now reached $528 million, the highest amount in the state’s history.

“We preserve our top-tier ratings by continually refining our game,” Damschen said. “I commend Gov. Herbert and the Legislature for implementing the budget stress test analysis last year. The practice was well-received by the rating agencies, and is yet another example of Utah leading nationally with a prudent process.”

According to the governor’s office, due to the prudent fiscal practices used to manage the state, Utah enjoys broad economic success, including:

  • For eight consecutive months in 2015, Utah posted the highest job growth rate in the country
  • Utah has the 3rd most diverse economy in the nation
  • In an economic study released last fall, Utah was named the most fundamentally sound state in the U.S.
  • Utah’s Rainy Day Fund now has $528 million

Utah’s continuous history of AAA bond ratings dates back to 1965 when Standard & Poor’s initiated its rating system, according to the governor’s office. The State’s AAA rating with Moody’s dates back to 1973, and with Fitch Ratings back to 1992.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

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Utah officer fatally shot while responding to traffic accident

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ST. GEORGE – A Utah police officer was fatally shot while responding to a traffic accident in Holladay Sunday morning. The 45-year-old police officer was the first law enforcement officer killed in the line of duty in 2016. The suspect also wounded another officer during the incident before being shot and killed by police.

officer fatally shot
Unified Police officer Douglas Barney. “Doug is great officer and served his community with distinction. His service will not be forgotten,” the Unified Police Department said on its Facebook page following the Jan. 17 fatal shooting of Barney in Holladay, Utah; photo undated | Photo courtesy of Unified Police Department, St. George News

Officer Douglas Barney, an 18-year veteran of the Unified Police Department and father of three children, was shot in the head during a confrontation with the suspected driver of a hit-and-run collision, Salt Lake County Sheriff Jim Winder said in a Sunday press conference televised and published by Fox 13 News.

Officers responded to a traffic accident at the intersection of 4500 South and 2300 East in Holladay just before 10 a.m. where a man and woman were observed fleeing from a BMW involved in the crash and leaving the scene. Occupants in the other vehicle involved in the crash were reportedly seriously injured during the collision.

As police arrived in the area, Barney was the first officer to encounter the pair, who were on foot in the area of 4400 South. As Barney approached, the male suspect, identified as 31-year-old Cory Lee Henderson, shot at Barney.

“An individual fired what appears to be a single-round at Officer Barney, striking him in the head,” Winder said during the conference. “ … As soon as (other) officers came into contact with this individual, gunfire erupted. Multiple rounds were exchanged, both from the suspect and from our officers.”

During the shootout, Winder said, 35-year law enforcement veteran officer Jon Richey, 50, was struck at least three times – twice in the legs and once in the torso.

Henderson, the alleged gunman was shot and killed during the gunfight.

"Officer Richey is a valued member of the Unified Police Department and we are grateful his condition is improving," the Unified Police Department said on its Facebook page following a Jan. 17 shootout in which Officer Jon Richey was shot three times by a "violent suspect" in Holladay, Utah, St. George News
Unified Police officer Jon Richey. “Officer Richey is a valued member of the Unified Police Department and we are grateful his condition is improving,” the Unified Police Department said on its Facebook page following a Jan. 17 shootout in which Richey was shot three times by a “violent suspect” in Holladay, Utah; photo undated | Photo courtesy of Unified Police Department, St. George News

Barney and Richey were taken to a local hospital where Barney died from his wounds shortly after 1 p.m. Richey’s condition was stabilized at the hospital following surgery.

Barney is the first officer killed in the line of duty in 2016 in the U.S., according to the Officer Down Memorial page. However, Danville Police Officer Thomas Cottrell was also shot and killed Sunday in Ohio during an ambush-style attack shortly after 11 p.m.

Police are still looking for a person of interest – a blonde Caucasian woman who was seen with Henderson during the incident.

Henderson had a criminal record that included aggravated assault and weapons possession and had been sought by a gang task force, Winder said. Henderson also had outstanding federal and state warrants issued for his arrest.

Honor and condolences

Following the Holladay tragedy, Utah Gov. Gary Herbert issued the following statement regarding the shooting of the two police officers:

Today a husband and father left his wife and three children, put on a badge, and promised to return home soon. On behalf of Utah residents from across the state, our hearts are broken for the family of Officer Doug Barney who gave the ultimate sacrifice today while in the line of duty. Jeanette and I also extend our prayers to Officer Jon Richey and his family as he undergoes the recovery process.

Every day, we send our men and women in uniform into harm’s way so that we may live in peace and safety. On a day like today, we are reminded that we will never be able to thank them and their families enough for the sacrifices they have made.

Herbert also announced he will order the lowering of the America flag and the Utah State flag on the day of Barney’s funeral.

A police badge with a banner indicating a police officer has fallen | Photo courtesy of the Unified Police Department, St. George News
A police badge with a banner indicating a police officer has fallen | Photo courtesy of the Unified Police Department, St. George News

In the wake of Barney’s death, local law enforcement echoed similar sentiments on Facebook in regards to the tragedy:

St. George Police Department: “Our thoughts and prayers are with the Unified Police Department of Salt Lake and the family of Officer Doug Barney for the loss of a fellow Police Officer today. We also pray for the recovery of Officer Richey.”

Cedar City Police Department: “Our thoughts and prayers go out to family and co-workers of UPD Officer Doug Barney. Such a senseless loss … .“

Hurricane City Police Department: “We are mourning the loss of a fellow brother in blue Officer Doug Barney and pray for the recovery of Officer Jon Richey. Our deepest sympathy to their families, and to Unified Police.”

LaVerkin City Police Department: “Our thoughts and prayers are with the Unified Police Department of Greater Salt Lake for the loss of a fellow Police Officer today.”

Utah Highway Patrol: “Our thoughts and prayers are with the family and friends of Unified Police Department Officer Doug Barney and with our brothers and sisters at Unified PD. Rest in peace, Officer Barney.”

Washington County Sheriff’s Office: “With sad hearts we say thank you to a fallen brother, UPD Officer Douglas Barney.”

Additionally, Utah Attorney General Sean Reyes issued the following statement Sunday:

Annually, we stand as a law enforcement community in our nation’s capitol to remember local heroes like Sgt. Cory Wride, Sgt. Derek Johnson and Trooper Aaron Beesley for their courage and ultimate sacrifice while serving as peace officers in Utah communities. After almost two years of respite from such loss in our state, we sadly add 18-year veteran Officer Douglas Barney to that hallowed list. We pray for the complete recovery of Officer Jon Richey, who was also shot in the line of duty today.

The Office of the Attorney General and I, personally, mourn for all who are impacted by the loss of Officer Barney to our Utah law enforcement family. We express our deepest sympathy and gratitude to his family and pray they will find some peace in his valor and distinctive service as he and Officer Richey today protected citizens and their fellow officers from what could have been an even more widespread and senseless tragedy.

We will have opportunities in the coming days, weeks and years to pay tribute to Officer Doug Barney for his ultimate sacrifice and Officer Richey for his own valiant sacrifice. Today, we simply offer our prayers for Officer Richey’s recovery and our deep regret for the premature end of Officer Barney’s watch, which fell on what should have been a peaceful Sunday morning.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

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Woman assaults 3 officers following birthday bash brawl

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ST. GEORGE – A 42-year-old woman’s birthday celebration Saturday night turned into a physical altercation between attendees, which subsequently led to the woman’s arrest after she allegedly assaulted three responding police officers.

Patti Ann Green, of St. George, Utah, booking photo posted Jan. 16, 2017 | Photo courtesy of the Washington County Sheriff’s Office, St. George News
Patti Ann Green, of St. George, Utah, booking photo posted Jan. 16, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News

Just before 5:30 p.m. Saturday, officers responded to reports of a gang-related fight in progress near 1600 W. Meadow View Lane in St. George where eight-nine people were reported fighting with several adult men kicking and punching a man on the ground, according to a probable cause statement filed by the St. George Police Department in support of the arrest.

When police arrived, two of the men who had been reported as fighting ran inside the home, the report stated, while officers approached Patti Ann Green, her ex-husband and her 17-year-old son.

The 17-year-old began to quickly walk away as officers ordered him to stop, the statement reads. When officers went to grab his arm to detain him, Green began yelling and swung her right fist toward an officer’s face.

“I was unable to avoid the strike and I was hit on the lower left jaw just above my chin,” the arresting officer wrote in the statement. “I released the juvenile and put my hands up to defend myself as I side stepped to my right to create distance from Patti. Patti continued to throw multiple strikes towards my head with both her fists.”

Green threw at least five more punches at the officer, the report read, striking his hands and arms as he protected his face. Then, Green’s ex-husband grabbed her from behind and told her to stop according to the statement.

“As she spun towards him,” the officer wrote, “Patti struck (her ex-husband) on the left temple of his head with her right fist.”

Green reportedly calmed down and went inside the home while officers waited for other units to respond, the report stated. Green then returned outside and began walking toward the street as officers told her to stop. Green began screaming and throwing punches at officers as they tried to detain her.

“Patti’s right fist struck the left side of my face in between my left eye and left ear,” the officer wrote.

Two officers were then able to get Green to the ground while a third officer handcuffed her, according to the report. The more officers told Green to stop screaming, the louder she yelled.

“Patti swore at us,” the officer wrote, “and called us ‘honkies’ and made racial comments about us being white officers.”

Green refused to get up from the ground on her own and walk to the patrol car, according to the statement. She continued to struggle with officers by dropping her body weight and kicking her legs, forcing officers to have to pick Green up by the belt-line of her pants and carry her to the car. She then refused to get in the car and resisted by tensing her body and standing straight.

Green was eventually placed into the patrol car and transported to the Washington County Purgatory Correctional Facility.

She was booked and charged with four class A misdemeanors for assault against a police officer; three class B misdemeanors for interference with arresting officer and assault; and a class C misdemeanor for disorderly conduct.

Green was released from custody on $10,580 bail.

According to Utah Court documents, this was not the first time police were called to a fight in which Green was allegedly involved.

In April 2014, police were called to the Riverside Apartments in St. George on several complaints of three people physically fighting on a balcony, according to court documents, during which Green allegedly assaulted a man and bit a woman.

Green reportedly resisted police as they attempted to arrest her and she allegedly kicked an officer in the shin. She was convicted of assault by a prisoner, interference with an arresting officer and intoxication.

In June 2011, Green was arrested and charged with assault and domestic violence but those charges were later dismissed. Green’s criminal record shows convictions for alcohol- and drug-related offenses, among others charges.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

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SUV stolen from St. George parking lot spurs multistate police chase on I-15

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ST. GEORGE – A 23-year-old man led police on a wild multistate police chase in an SUV he had allegedly stolen from the Buffalo Wild Wings parking lot in St. George. The pursuit ended in Nevada Tuesday about 20 miles outside Las Vegas after the stolen vehicle and a Washington County Sheriff’s deputy both hit spike strips.

Richard Travis Kellar, of Fulton, New York, booking photo posted Jan. 19, 2017 | Photo courtesy of the Washington County Sheriff’s Office, St. George News
Richard Travis Kellar, of Fulton, New York, booking photo posted Jan. 19, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News

Authorities arrested Richard Travis Kellar following the hour-long pursuit, which began around 1:22 a.m. Tuesday when police spotted a gray 2007 Toyota Sequoia near Interstate 15’s Exit 4 that had been reported stolen from the restaurant parking lot moments earlier, according to a probable cause statement filed by the Washington County Sheriff’s Office in support of the arrest.

A sheriff’s deputy attempted a felony stop of the vehicle at Exit 2, the report states, but Kellar reportedly sped off in the stolen vehicle, heading south towards the Virgin River Gorge at 90 mph.

The vehicle was reportedly straddling the center lane of the Interstate and swerving back and forth as it came out of the Gorge around 1:36 a.m. and reached speeds of 100 mph.

The Arizona Department of Public Safety took over as lead of the pursuit for some time before relinquishing the lead back over to the Sheriff’s Office at around 2 a.m. During that time, Kellar took Nevada I-15 Exit 112, near Bunkerville, to get off but got right back onto the Interstate.

Since Arizona and Nevada authorities in the area at the time reportedly didn’t have spike strips, Utah law enforcement attempted to pull ahead of the Arizona trooper and the Toyota to try to place spikes in the stolen vehicle’s path further down the road, but Kellar wouldn’t let them pass.

Nevada Highway Patrol took the lead of the pursuit near Nevada milepost 68 on I-15 and placed spike strips near milepost 66. The Toyota and a sheriff’s deputy ran over the spikes around 2:20 a.m., about 4 miles north of Love’s Travel Stop.

Though the spike strips flattened three of the Toyota’s tires, the statement read, Kellar continued for a few more miles before exiting near the truck stop at Exit 64, the interchange with U.S. 93. Authorities took Kellar into custody around 2:30 a.m.

“When I made contact with the driver and asked him why he took the car, he made a comment that he needed to get to California,” the sheriff’s deputy wrote in the report.

Kellar was arrested and transported back to Utah where he was booked into the Washington County Purgatory Correctional Facility.

According to booking information, he was arrested on charges of two second-degree felonies for theft and possession of a stolen vehicle, a third-degree felony for fleeing by vehicle, two class A misdemeanors for theft and reckless endangerment, and a class B misdemeanor for reckless driving. As this report is published, court records do not yet reflect charges filed by the county attorney.

According to Utah Court documents, Kellar was arrested by Washington City Police on Jan. 12 for shoplifting and criminal trespass to which he entered a guilty plea.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

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Professionals recover body of wingsuit flier near Utah border

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SOUTHERN UTAH – The body of a California man who died last week while wingsuit flying with friends among remote cliffs on the Arizona-Utah border was recovered Sunday after numerous attempts over a five-day span had been unsuccessful.

wingsuit flier
The red circle indicates the area of the Paria Canyon-Vermilion Cliffs Wilderness where a California man died while wingsuit flying among the remote cliffs on the Arizona-Utah border, Page, Arizona, Jan. 13, 2016 | Photo courtesy of Coconino County Sheriff’s Office, St. George News

A private group of professional technical climbers engaged by family members rappelled down the steep canyon walls of the Paria Canyon-Vermilion Cliffs Wilderness where the body of 29-year-old Mathew Kenney, of Santa Cruz, California, came to rest, according to a news release issued by the Coconino County Sheriff’s Office Tuesday, one week after Kenney’s death.

The climbers then lowered Kenney’s body to a slope, the statement reads, where an Arizona Department of Public Safety Air Rescue helicopter and crew based out of Kingman, Arizona, performed a one-skid landing – a technique used in rugged terrain and steep slopes where the topography prevents a normal landing with both skids on the ground.

“The DPS helicopter off-loaded a Coconino County Sheriff’s Office Search and Rescue technician and was able to conduct a long line extraction of the body to Lee’s Ferry,” the report states, “where it was released to the Coconino County Medical Examiner’s Office.”

Members of the Coconino County Sheriff’s Office Technical Rescue Team and a National Park Service helicopter from Grand Canyon had previously attempted a body recovery by helicopter Thursday. However, due to safety issues from steep terrain, patches of ice on the canyon and incoming weather, the recovery was suspended and additional plans were discussed for a technical recovery.

wingsuit flier
A photo of Mathew Kenney posted on Facebook Oct. 13, 2015, location and date of image unspecified | Photo courtesy of Mathew Kenney’s Facebook page, St. George News

Authorities had located Kenney’s body last week in the steep canyon walls below where he jumped to wingsuit fly, approximately 15 miles north of Lee’s Ferry in a rugged area within the Bureau of Land Management Arizona Strip District, according to the Sheriff’s Office.

Wingsuit flying is one of the most extreme forms of BASE jumping – an activity which involves jumping with a parachute from tall structures such as buildings, bridges and natural features — BASE being an acronym of the different platforms: “Building, Antenna, Span and Earth.”

video posted on Vimeo in August 2012 shows wingsuit-flying footage shot by Kenney and fellow wingsuit fliers.

Wingsuit fliers glide extremely close to cliffs and trees in their suits that resemble flying squirrels. The sport is illegal in national parks but not in the wilderness area Kenney jumped, where the Vermilion Cliffs rise as much as 3,000 feet.

The area is popular with hikers for its tall escarpments, deep canyons and a formation known as The Wave, a geologic rock formation with intersecting U-shaped troughs and swirls of reds, oranges and yellows that fold into a bowl.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

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Police arrest 2 women for rioting following fight in school parking lot

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ST. GEORGE – A fight at Pine View High School led to the arrest of two St. George women Monday on assault and felony riot charges, among lesser charges, for their alleged involvement in a physical altercation with a group of students.

On Jan. 6, Sofia Campos-Guereschi, 19, Jennifer Alvarado-Hernandez, 18, and a female juvenile entered Pine View High School during school hours without checking in at the front office or having a valid reason to be at the school, according to a probable cause statement filed by the St. George Police Department in support of the arrests.

riot
Jennifer Alvarado, of St. George, Utah, booking photo posted Jan. 18, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News

The two women and the juvenile then waited in the school’s parking lot for school to end, the report stated, in order to engage in a confrontation with several juvenile students.

When school let out, the female juvenile initiated a physical altercation by throwing a punch at a student’s face, the statement read, at which time, several other individuals became involved in the fight including the two women.

“This incident was in the crowded parking lot at the conclusion of school,” the arresting officer wrote in the statement, “and was witnessed by a large number of students, some of which attempted to intervene and stop the physical assault.”

One female student told police that just prior to being punched by the female juvenile, Alvarado-Hernandez egged the juvenile on by telling her “you came here to sock a b—-, so sock her,” according to the report. At which point, the female juvenile punched the female student.

The physical altercation resulted in bodily injury to two individuals, the report read.

On Jan. 18, officers conducted interviews with both Campos-Guereschi and Alvarado-Hernandez in which, according to the probable cause statement, the two admitted to being present during the incident, entering the school during school hours, being involved in the physical altercation and taking or assisting in taking the female juvenile to the school.

riot
Sofia Campos-Guereschi, of St. George, Utah, booking photo posted Jan. 18, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News

According to the statement, Campos-Guereschi also admitted that she held her hand in a fist while looking directly at a female student and saying: “let (the female juvenile) go or I will f—— punch you.”

“Sofia, Jennifer and the juvenile planned and drove across St. George to PVHS with the intention to confront and possibly initiate the physical altercation,” the officer wrote, “which caused fear and confusion to a large portion of the school body leaving school for the day.”

Campos-Guereschi and Alvarado-Hernandez were arrested and booked into the Washington County Purgatory Correctional Facility.

The two women were charged with third-degree felony riot, three class B misdemeanors for assault, criminal trespass upon school property and contributing to the delinquency of a minor, and an infraction for disorderly conduct.

Campos-Guereschi and Alvarado-Hernandez were each released from custody on $7,430 bail. Both women are scheduled to make their initial court appearance Monday afternoon in 5th District Court.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

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Man installs home camera, catches neighbor in burglary

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WASHINGTON CITY – Police arrested a 37-year-old woman Monday on three felony counts of burglary of a dwelling after she was allegedly caught on camera unlawfully entering a Washington City residence and stealing prescription medications on multiple occasions.

After a man became suspicious that someone was entering his home and helping themselves to his belongings, he installed a trail camera, according to a probable cause statement filed by the Washington City Police Department in support of the arrest.

Rosanna Opualanilily Stroud, of Washington, Utah, booking photo posted Jan. 18, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News
Rosanna Opualanilily Stroud, of Washington, Utah, booking photo posted Jan. 18, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News

It was by that camera that the man discovered a neighbor had been breaking into his home.

On Nov. 29, 2015, a woman can be seen entering the man’s residence uninvited at 12:48 a.m., the report stated. The woman was dressed in dark clothing and can be seen looking around with a flashlight and looking through the kitchen area while the man’s family was upstairs sleeping.

On this occasion, prescription medications were stolen, according to the statement.

On Dec. 17 and 20, 2015, the woman entered the residence at 5:17 p.m. and 11:23 p.m. On these dates, the woman can be seen going through the kitchen cupboards, the report stated. During this time frame, the man was out of town with his family, but noted prescription medications were again stolen.

“In the trail camera pictures the suspect can be seen dressed the same each time in dark clothing, wearing a beanie hat and using a flashlight,” the arresting officer wrote in the statement. “The suspect does not turn on the lights in the residence.”

According to the statement, the man was able to recognize the woman caught on camera as one of his neighbors, who was identified as 37-year-old Rosanna Opualanilily Stroud.

“The entry method is unknown,” the officer wrote, “as no forced entry could be seen.”

When police interviewed Stroud, she admitted to “having been in the residence on several occasions as a neighbor/friend to the victim,” the officer wrote. “She denied any uninvited entry but could not respond to the pictures of being there late at night and just missing the (alleged) victim’s girlfriend coming down the stairs to the kitchen. At the time, the girlfriend was not aware the suspect had just been in the residence. It was discovered after review of the camera’s pictures were done.”

During the interview with police, the report stated, Stroud said she has a prescription for the same types of medications that were stolen.

Stroud was arrested and booked into the Washington County Purgatory Correctional Facility.

She was charged with three counts of third-degree felony burglary of a dwelling. In Utah, a third-degree felony conviction carries a penalty of up to five years in prison and a fine of up to $5,000.

Judge Eric Ludlow, of the 5th District Court, ordered $10,000 bail for Stroud’s release pending trial.

She was found indigent by the court during her initial court appearance Tuesday and will be represented by court-appointed attorney Ariel Taylor. She is scheduled to make her next court appearance Feb. 8.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

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Lawsuit alleges Washington County, state violates 6th Amendment right to counsel

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ST. GEORGE – Under the Sixth Amendment of the United States Constitution, all criminal defendants are guaranteed a lawyer, whether they can afford one or not. But according to a lawsuit filed Friday against Washington County and the State of Utah, that promise has been broken.

The action, brought on by Ogden-based attorney Michael Studebaker, accuses the state and the county of perpetuating a system that violates the rights of people who cannot afford to hire lawyers, and alleges that Utah’s problematic public defense system asks attorneys to do too much for too little, and leaves the poorest without proper legal representation.

“(Washington County) enter(s) into fixed-price contracts with local attorneys to provide indigent defense services to those charged with criminal wrongdoing in the district court,” the lawsuit reads. “The contacts are structured and administered in a manner that impedes the ability of the attorneys to provide constitutionally adequate legal representation to their clients.”

Named as plaintiffs in the case are Washington County residents William Cox and Edward Paulus. Cox faces a third-degree felony charge for allegedly working as an unlicensed securities agent. Paulus faces a first-degree charge for aggravated sexual abuse of a child.

A jury trial has been set for Paulus’ case in February, but according to the lawsuit, the county did not renew the public defender contract with the attorney representing Paulus up to this point. The lawsuit alleges county officials are “forcing/coercing” another attorney to take on new contracts, one of which includes Paulus’ case.

In fiscal year 2016, Washington County budgeted $760,688 for indigent defense in Washington County, according to the lawsuit, while budgeting $2,816,540 for prosecution.

“(The attorney) is not prepared to go to trial for Mr. Paulus’ case,” the lawsuit reads, adding it isn’t reasonable for the attorney to be prepared to go to trial as he is already responsible for 350 cases, and possibly double that with the new contracts.

Utah is one of only two states in the country that provides no state funding for indigent defense. Moreover, Utah ranks 48th out of 50 states in its per capita funding of indigent defense, according to the lawsuit.

Pursuant to state law, the counties in Utah design and administer their own indigent defense programs. However, the class action lawsuit alleges that Washington County and State of Utah officials have failed to set standards to ensure that county indigent defense programs provide constitutionally adequate legal representation.

Cox’s case is being handled by the Utah Attorney’s General’s Office, but has no funding for public defense, the lawsuit states.

Without proper legal assistance, defendants in minor cases are jailed for long periods of time, children have been taken from their parents and people are imprisoned for crimes for which they might have otherwise been acquitted.

Washington County Commissioners Alan Gardner, Victor Iverson and Zachary Renstrom are named in the lawsuit in their official capacity as elected officials. Gov. Gary Herbert, Greg Hughes, speaker of the House, and Wayne Niederhauser, president of the Senate are also listed on named.

Washington County Commissioner Alan Gardner said Saturday that he was aware of the lawsuit, but had not yet been able to review it.

A bill concerning the state’s Sixth Amendment issues is slated to be introduced in the Legislature in February by Sen. Todd Weiler, R-Davis/Salt Lake County. Gardner said the County Commission will likely see how that plays out at the state level before addressing the county’s public defense issues.

“We’re waiting to see what the Legislature will do,” Gardner said.

Overworked and underpaid in Utah

Most counties hire private attorneys who are awarded a contract that typically offers a flat fee in exchange for an unlimited number of public defense cases per year – often leading to public defenders who are overworked and underpaid.

On Oct. 26, 2015, the Sixth Amendment Center released a comprehensive report highlighting widespread deficiencies in Utah’s public defense system. The report was commissioned by the Utah Judicial Council Study Committee and U.S. Department of Justice.

The report found that Washington County contracts with private lawyers who are each expected to handle one-sixth of the district court caseload, regardless of the number of cases, and are paid a flat $4,363 per month – $52,356 per year.

However, after calculating all of the attorney’s overhead costs, the study found that the contracted lawyer is left with around $526 per month.

A report released by the American Civil Liberties Union in 2010 found that public defenders in Utah receive an average of $400 per felony case and less than 10 hours to spend on each case, while private defense attorneys were likely to receive more than $400 an hour.

The report states:

With all flat fee contracts, where the defendant has a winnable case, the incentive nevertheless is to resolve it by plea. The attorney is not rewarded with additional pay for the additional work involved in zealous advocacy. Rather, the attorney is hurt financially the more he does for his clients. Put another way, the government’s compensation structure creates a conflict between the lawyer’s financial interests and the case-related interests of each of his court-appointed clients.

Such financial conflicts have led a number of state supreme courts to require that governments pay lawyers a “reasonable fee” in addition to “overhead expenses.”

Denial of counsel in Utah

Alarmingly, the study found that more people accused of misdemeanors in Utah are processed through the justice courts without a lawyer than are represented by counsel – upwards of 62 percent of defendants statewide, according to Administrative Office of Courts’ data.

“In fact, the data suggests that, in most justice courts, the number of misdemeanor defendants proceeding without representation is closer to 75 percent.”

The report states that a majority of misdemeanor defendants in Utah justice courts plead without a lawyer for two main reasons:

  1. A misapplication of Sixth Amendment case law related to: i) the early appointment of counsel; ii) the right to counsel in misdemeanor cases, especially those with suspended sentences; and, iii) waivers of counsel.
  2. Prosecutors directly entering into plea agreements with uncounseled defendants, or, in the absence of prosecutors at arraignment, judges advising defendants and negotiating pleas.

A similar suit

In September 2014, the U.S. Justice Department announced it would join a similar class action lawsuit that said New York state officials failed to provide adequate legal representation to poor and indigent criminal defendants.

Molly Moran, acting head of the department’s civil rights division, described the New York case as “emblematic of a national crisis in indigent criminal defense.”

The right to counsel is one of the core guarantees of the Bill of Rights, and yet, as countless cases and studies show, indigent defense systems across the country are facing significant challenges in meeting their Sixth Amendment obligations,” Moran said in a September 2014 statement.

In that class-action lawsuit brought by the New York Civil Liberties Union and the law firm Schulte Roth & Zabel, New York State entered into a settlement in October 2014 to provide lawyers for the indigent.

St. George News Senior Reporter Mori Kessler contributed to this report.

Resources

Emailkscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

 

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Witness pulls gun on man hitting woman, man flees, crashes car

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ST. GEORGE — After a witness pulled a gun on a 25-year-old man who was allegedly hitting a woman at a St. George residence Wednesday, the man fled the scene in the woman’s car before crashing it into someone’s front yard. He then ran away from the scene on foot. The man was located by police Saturday and subsequently arrested.

Judah Benjiman Lopini Katoa, of St. George, Utah, booking photo posted Jan. 23, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News 
Judah Benjiman Lopini Katoa, of St. George, Utah, booking photo posted Jan. 23, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News

Officers met with a woman and a third-party witness who both said Judah Benjiman Lopini Katoa had physically assaulted the woman, according to a probable cause statement filed by the St. George Police Department in support of the arrest.

Katoa allegedly pulled the woman’s hair to pull her down to the ground.

“Once on the ground, Judah positioned himself on top of her and punched her with his hands,” the arresting officer wrote in the report. “He hit her in the ribs and abdomen. There were multiple wound marks on (the woman) to include bite marks on both forearms, redness above her left knee, scratches on her back, and redness to her face.”

The woman told police that Katoa had also pressed his forearm against her neck twice earlier and she had lost consciousness, according to the report.

As Katoa was hitting the woman, a third-party witness drew a pistol and told Katoa to stop, the report stated. At that point, Katoa allegedly ran and got into the woman’s car and sped away.

Moments later, a crash involving the woman’s car was reported near Tonaquint Drive and Escalante Drive in St. George.

“After accident reconstruction,” the officer wrote, “it was determined Judah had been traveling at 84 mph and lost control coming down the hill and collided into the front yard of a homeowner. When officers arrived on scene of the vehicle accident, Judah was not present.”

The woman’s car was severely damaged as a result of the collision and had to be towed from the scene.

On Saturday, Katoa was located, arrested and booked into the Washington County Purgatory Correctional Facility.

He was charged with second-degree felony aggravated assault; two third-degree felony counts of criminal mischief and joyriding; a class B misdemeanor for reckless driving; and a class C misdemeanor for failure to report an accident resulting in damage.

Katoa is scheduled to make his initial court appearance Monday afternoon in 5th District Court.

According to Utah court documents, this is not Katoa’s first run-in with the law. He was arrested on a riot charge and failure to disclose identity in December 2008 in which he pleaded no contest. He was convicted of possession of drugs and drug paraphernalia in July 2014 and criminal mischief in October 2015.

Katoa is also currently facing a lewdness charge following an April 2015 incident to which he pleaded not guilty. A bench trial in that matter is scheduled for Feb. 16.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

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Authorities share safety tips following 3 snow-related carbon monoxide poisoning deaths

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ST. GEORGE – Authorities are urging caution Monday and offering safety tips to keep families safe this winter after three recent deaths from carbon monoxide poisoning have been reported.

Sashalynn Rosa, 23, and her 1-year-old son, Messiah, died of carbon monoxide poisoning in Passaic, New Jersey, the evening of Jan. 23, while the woman’s 3-year-old daughter, also involved in the incident, is listed in “very critical condition.”

All three victims were sitting in a running Mazda car while the father of the young family was shoveling the vehicle out of snow, according to authorities. The vehicle’s exhaust pipe was covered in snow, causing carbon monoxide to leak into the inside of the car.

David Perrotto, 56, of Muhlenberg Township, Pennsylvania, was also killed Jan. 3, after his running car became trapped by snow from a plow clearing the roadway, according to KidsAndCars.org.

Investigators said they believe Perrotto was either in the car with the motor running to take a break or trying to get out of the space when the plow came by and buried the car, blocking the exhaust and preventing him from exiting.

“These are incredibly tragic incidents that should serve as a reminder to always check to make sure no ice or snow is blocking your tailpipe before you get into your car,” Janette Fennell, president of KidsAndCars.org, said in a media statement Monday.

The “silent killer”

Carbon monoxide is often called the “silent killer” because it is a colorless, odorless, tasteless and nonirritating gas that can kill you quickly. Carbon monoxide can cause people who inhale it to lose consciousness and then die within a few minutes.

Motor vehicles are the primary cause of all unintentional carbon monoxide poisoning deaths, with a third of those deaths occurring in winter months. On average, about 150 people die each year as a result of accidental carbon monoxide poisoning from motor vehicle exhaust, according to the National Center for Health Statistics.

More people die from carbon monoxide exposure than any other kind of poisoning. And, while most people are aware of the dangers of starting a vehicle in a closed garage, not everyone realizes those same deadly conditions can be created by snow.

Safety tips

Carbon monoxide gas is emitted by running vehicles and can quickly cause you to become disoriented. Below are a few tips from KidsAndCars.org to keep you and your family safe from this dangerous gas:

  • Always clear the tailpipe of a vehicle in inclement weather conditions; if the tailpipe becomes clogged with ice, snow or other debris, carbon monoxide can leak into the passenger compartment of the vehicle
  • Do not put children or adults inside a running vehicle while clearing snow or ice off the vehicle
  • Never leave a child alone in a vehicle, not even for a minute
  • Never warm up a vehicle in any enclosed space
  • Never leave a vehicle running in the garage, not even with the garage door open
  • Always keep vehicles locked at all times and keep keys and remote openers out of reach of children as children may be tempted to get into vehicles to play or hide
  • Keyless-ignition vehicles should always be double-checked to ensure the vehicle has been turned off. Even if you take the key fob with you, the vehicle could keep running
  • Ensure that you have working carbon monoxide detectors in all areas of the home, especially near sleeping areas
  • Check batteries twice a year and replace detectors every 6-10 years
  • During busy times and changes in routine, be extra cautious as distractions and multi-tasking can lead to forgetting to turn the car off, even for the fanatically detail-oriented and organized person
  • Do not allow children to play behind a running vehicle; this is dangerous for numerous reasons: the driver is unable to see them in the blind zone that exists behind all vehicles and they will be exposed to the fumes coming out of the vehicle’s exhaust system

Resources

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

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Officials charge probation officer shot himself in alleged burglary gone wrong

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ST. GEORGE – A Mohave County probation officer who was shot at a St. George office during an alleged “burglary gone wrong” incident in 2013 is now facing charges that indicate he may have actually shot himself during the incident and falsified his story about a scuffle with a burglar.

Brian Rees Stephens, 43, of Ivins, made his initial appearance in court Tuesday on charges of second-degree felony communications fraud, class A misdemeanor criminal mischief, as well as class B misdemeanor discharge of a firearm and providing false information to law enforcement.

The charges stem from an incident that occurred in the early morning hours of Nov. 15, 2013, in a building located at 435 E. Tabernacle Street where Mohave County Probation Department maintains an office subleased by Attorney at Law Travis Christiansen’s firm. Stephens’ office was located down the hall from Christiansen’s office.

“From everything, it appeared that somebody had tried to burn down my office, that my office was completely trashed – death threats on the wall – my desk, there’d been gasoline or something poured all over it … ,” Christiansen said. “I mean, for all intents and purposes, until this recent development, I thought that someone was out to get me and had come pretty close to it.”

Christiansen said that, at the time, he thought Stephens had “saved the day” and intercepted a bullet that Christiansen could have been on the receiving end of.

Stephens’ description of what happened during the incident, Christiansen said, was that Stephens “came in and interrupted a burglary, and the guy had shot at him and they struggled for the weapon and, in the struggle for the weapon, the gun went off a second time with the bullet striking (Stephens) in the leg.”

When the gun went off the second time, Stephens told authorities, the alleged burglar – whom he described as a slender man, around 6 feet tall, wearing a black hooded sweatshirt, black pants and a white hockey mask – fled the scene on foot.

Stephens reportedly then cleared the rest of the offices in the suite to make sure there wasn’t another burglar and then called 911. Police and medical personnel arrived on scene and Stephens was transported to the hospital for the injuries he received during the ordeal.

“He had basically a gunshot wound to one of his legs in the thigh,” Christiansen said. “ … It was a 45 – it was actually my gun that was used.”

Fearing that he may have been an intended target, Christiansen said, he and his family left town for a few days and spent a significant amount of money on new security measures.

“We went into hiding so to speak,” he said. “Very few people knew where we were and, after a while, we said ‘OK, we’ll come back,’ and we’ve since taken steps as our family to protect ourselves and make the office environment safer.”

In the early stages of the investigation, Christiansen said, law enforcement asked for information about anyone he had met with or dealt with as a client or opposing party in any litigation within the prior six months before the incident that roughly fit the description Stephens had given of the alleged perpetrator.

After taking several months off for medical leave, Christiansen said, Stephens was back working down the hall from him and the two would go to lunch together regularly. The two continued working in the same office suite up until last week when, Christiansen said, Stephens was served with the summons to appear in court on criminal charges related to him possibly making the entire story up.

“… With this recent stuff we’ve learned that, if what I’m being told by County Attorney’s Office and St. George Police Department bears out to what actually happened,” Christiansen said, “that it’s quite a turn of events. Frankly, it’s saddening to us. I mean, I’ve known Brian for a number of years; he’s been in our office – a friend – you know, so it’s really an interesting emotional time.”

Attorney Gary Pendleton arrives at 5th District Court to represent Brian Stephens in falsifying a police report case, St. George, Utah, Jan. 26, 2016 | Photo by Sheldon Demke, St. George News
Attorney Gary Pendleton arrives at 5th District Court to represent Brian Stephens in falsifying a police report case, St. George, Utah, Jan. 26, 2016 | Photo by Sheldon Demke, St. George News

Stephens appeared in 5th District Court Tuesday where his attorney Gary Pendleton requested that Judge John Walton reassign the case to a new judge. Walton granted Pendleton’s request and scheduled Stephens’ preliminary hearing for Feb. 16 before Judge Michael Westfall.

After Tuesday’s hearing, Pendleton declined to comment on the case. “I don’t have the discovery,” he said, “I’m not in a position to make a comment on it.”

Stephens hasn’t tried to contact him since being served with the summons, Christiansen said. He added that he still considers Stephens a friend.

“This is heartbreaking to me that, if what they charged him with, if this is what really happened, it’s heartbreaking,” he said. “He’s a good man and I’m just – it’s so surprising to me.”

Christiansen said he’s not fearful of Stephens and that he doesn’t believe Stephens intended to harm him.

“I don’t know that there was any, in looking at it now, I don’t think there was any deliberate intent to hurt me,” he said. “There’s some other things going on that I don’t know about that led to this happening.”

Christiansen said he wouldn’t dare to speculate, that trying to speculate why the incident might have occurred, at this early stage, would be “premature and unwise and unfair.”

When asked if he felt Stephens was guilty or innocent of the charges, Christiansen said it’s too soon to say.

“I really haven’t thought about it, you know, formed an opinion,” he said. “I haven’t seen enough. They’ve told me bits and pieces but I haven’t seen the probable cause statement or any of the police reports or anything like that, so for me to, until I see what they’ve got, it would be hard for me to say.”

“We’re sad about this,” Christiansen said of the ordeal. “I mean, it is heartbreaking. We’re praying for him and his family – my family is – and we hope that this works out for the best and justice is served whatever that ends up being.”

A request for comment from the Mohave County Probation Department about Stephens’ charges was not immediately returned.

Email: kscott@stgnews.com

Twitter: @STGnews

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Police arrest man for string of vehicle burglaries

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HURRICANE Police arrested a 30-year-old man Monday for his alleged involvement in a string of vehicle burglaries in Hurricane over the last month.

Officers were on foot patrol in the area of Robert’s Roost RV Park located at 113 W. 400 South where approximately 20 vehicles had reportedly been burglarized over the last three weeks, according to a probable cause statement filed by the Hurricane City Police Department in support of the arrest.

vehicle burglaries
Levi Ray Carpenter, of LaVerkin, Utah, booking photo posted Jan. 25, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News

While at the RV Park, an officer observed a man, later identified as Levi Ray Carpenter, exit a residence and open the driver’s side door of a blue Oldsmobile. With a flashlight in hand, Carpenter proceeded to look through items in the backseat of the vehicle.

Officers approached and talked with Carpenter. After running his information through dispatch, the officer learned Carpenter had prior theft and drug involvement, according to the statement.

When officers asked Carpenter about the flashlight in his hand, Carpenter told him “he found it in the car a little while earlier and put batteries in it,” the arresting officer wrote in the statement. “He stated he was using it ‘but did not know who it belonged to.’”

The flashlight matched the exact description of a flashlight that had recently been reported stolen, the report sated, along with three guns and other items from a man’s car and truck.

Carpenter told police the Oldsmobile was his and that he was buying it from the people whose residence he exited where he was also living at the time, according to the report. Officers obtained permission to search the vehicle from the owners.

Levi was very nervous and was sweating even though it was in the 30s (degrees),” the officer wrote. “Levi was trying to explain things but then would contradict himself on what he just said.”

Officers asked Carpenter to be honest about what was in the car, the report stated. Carpenter told police there was a camera and a Kindle inside that a friend gave him to keep but that he didn’t know who they belonged to.

Carpenter also pointed out a yellow container with drugs and drug paraphernalia — including heroin, methamphetamine, syringes and a spoon — contained inside, according to the statement.

An eyewitness to a vehicle burglary from the night before arrived on scene and positively identified Carpenter as the man he had seen in his yard, the report stated. The camo jacket and jean pants with white pockets the witness described Carpenter had been wearing were found inside the Oldsmobile.

“Levi stated (the clothes) were his at first,” the officer wrote, “but then stated a ‘friend gave them to him that morning.’”

Authorities were able to contact the owner of the Kindle who told them her vehicle had been broken into Sunday morning and that her purse had been gone through, the report states. She also stated $40 and a Kindle had been stolen during the burglary.

Inside the Oldsmobile, police also located a vehicle registration decal that had been stolen from the center console of another man’s vehicle, along with other items, about a month ago, according to the statement.

Carpenter was arrested and booked into the Washington County Purgatory Correctional Facility.

He was subsequently charged with three third-degree felony counts of theft; six class A misdemeanors for burglary of a vehicle and possession of drugs; and a class B misdemeanor for possession of drug paraphernalia.

Carpenter made his initial court appearance Monday in 5th District Court.

According to Utah Court Documents, Carpenter has a criminal history of theft- and drug-related arrests dating back to 2004.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

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Man released from jail returns home with loaded handgun; police Victim Services unit

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ST. GEORGE – After a St. George man was released from jail following a domestic violence incident Thursday, the man returned to the home later that evening with a loaded handgun.

When a domestic violence incident occurs and the alleged perpetrator is arrested, the alleged victim and the residence are protected in what is called a “no contact order” should the suspect bail out of jail.

Victims are protected by this no contact order until 1 p.m. on the first day of court following the arrest.

“The reason for this is to keep parties separated to allow the victim time to file for more permanent protective orders if they choose to,” the St. George Police Department said in a media statement issued Friday, “and to keep (the) situation calm and everyone safe.”

loaded gun
Gregory Ray Davis, St. George, Utah, booking photo posted Jan. 28, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News

Any violation of a no contact order results in an automatic arrest if the police are notified.

Around 2:41 a.m. Thursday, officers responded to a violation of a no contact order in a situation the Police Department said demonstrates why these orders are put in place.

Earlier that day, 59-year-old Gregory Ray Davis had been arrested following a domestic violence dispute and booked into the Washington County Purgatory Correctional Facility on two class B misdemeanor counts of assault and threat of violence.

“He bailed out and was highly agitated by the situation that led to his arrest,” according to the department’s statement. “He went home, in violation of the jail release no contact order, and armed himself with a gun.”

The alleged victim in this case was able to get away and alert authorities, according to police. When officers arrived on scene, they knocked on the door and spoke with Davis about unlawfully being in the home.

“We advised Gregory that he was not to be at the home per the jail release agreement,” according to a probable cause statement filed in support of the arrest. “Gregory state(d) he had read and signed the agreement but stated he did not realize he could not be at the home.”

Davis became combative with officers when they tried to arrest him, according to the statement. After officers took Davis to the ground and handcuffed him, they located a loaded revolver in his right front pants pocket.

“Fortunately,” police said, “our officers were able to arrest him safely with minimal injury to themselves and no injury to the suspect. In this particular incident, our department felt the suspect’s behavior was concerning enough to notify the on-call judge, who ordered a $25,000 cash-only bail to ensure the protection of the family.”

As a result of the second incident, Davis was charged with two class A misdemeanors for assault against a police officer and violating a jail release no-contact order and a class B misdemeanor for interfering with an arresting officer.

“If you are a victim of domestic violence,” the Police Department said in the statement, “please know that there are measures in place to keep you safe. We are proud to have a wonderful Victim’s Service Division at our police department who are available to answer any questions you may have.”

On the department’s Victim’s Services Web page, St George Police invites communication as follows:

If you are a victim of a crime in the city of St. George or have any questions regarding the Victim Services unit, you can reach them Monday through Friday, 8:00 A.M. to 5:00 P.M. at (435) 627-4399. If you are calling outside of regular business hours, please leave your name and number and someone will return your call during the next business day.

If you are in need of immediate assistance, call 911.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

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St. George man racks up 25 felony charges in 24-month span

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WASHINGTON COUNTY – Within a 24-month span, a St. George man has been arrested and charged with 25 felonies in six separate incidents of theft-related crimes. The 31-year-old was again arrested Tuesday for theft, among other charges.

Felony charges
Tavis Rone McArthur, of St. George, Utah, booking photo posted Jan. 26, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News

When an officer pulled up to a vehicle stopped on the side of the road at 600 N. Snow Canyon Drive, he learned the driver, Tavis Rone McArthur, had an active $5,000 cash-only bail warrant issued by the 5th District Court for his arrest.

McArthur was placed under arrest for the warrant and a search of his vehicle was performed, according to a probable cause statement filed by the Santa Clara-Ivins Police Department in support of the arrest.

During the search, officers found McArthur to be in possession of a stolen bicycle and phone, along with a controlled substance, a metal container which the officer classified as drug para paraphernalia, and a 6-inch fixed knife.

Because McArthur is a convicted felon, it is a crime for him to be in possession of any type of weapon.

McArthur was transported and booked into the Washington County Purgatory Correctional Facility.

He was charged with two third-degree felony counts of theft and theft of lost property; a class A misdemeanor for unlawful possession of a dangerous weapon; and two class B misdemeanors for possession of a controlled substance and drug paraphernalia.

Judge John Walton, of the 5th District Court, ordered $5,000 bail for the new charges for McArthur’s release pending trial. He was found indigent by the court during his initial court appearance Tuesday and appointed attorney Douglas Terry as counsel. He is scheduled to make his next appearance in court Monday afternoon.

This is McArthur’s second arrest this month. He was arrested Jan. 19 for third-degree felony theft and that case is still pending.

According to Utah court documents, McArthur has a history of theft-related crimes.

He was arrested in January 2014 on 10 third-degree felony counts of unlawful acquisition of a finance card; the court convicted him on three counts and the others were dismissed without prejudice – meaning the prosecutor could revive those charges, according to court documents. He was then arrested in March 2014 on nine second-degree felony counts of theft by receiving stolen property; again, he was convicted on three counts and the others were dismissed without prejudice.

On Nov. 4, 2015, McArthur was charged with second-degree felony theft by receiving stolen property, along with two misdemeanors for possession of drugs and drug paraphernalia, according to court documents. Later that same month, on Nov. 26, 2015, he was charged with two third-degree felonies for theft and burglary of a dwelling, along with a misdemeanor for criminal mischief. Both those cases are ongoing.

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

The post St. George man racks up 25 felony charges in 24-month span appeared first on St George News.

Snowy weather closes Iron County schools; 1st time in 61 years

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IRON COUNTY – Hazardous driving conditions Monday have forced the closures of schools throughout Iron County for the first time in six decades.

Both Southern Utah University and Iron County schools have canceled all classes, according to a Cedar Communications update.

“Unless you have to travel,” the Cedar Communications posted on its Facebook page, “do not put yourself in danger by driving in these conditions.”

Despite Iron County typically being a snowy place in winter, it’s been more than 60 years since the Iron County School District has canceled school due to a “snow day,” Jennifer Wood, director of secondary education for Iron County School District, told St. George News last February.

“We don’t have snow days here,” Wood said. “If the buses are able to travel, we have school. As long as I’ve been in the district – this is my 11th year – we haven’t had a snow day.”

Last year, Wood said the Iron County School District had 61 years without a snow day that the district could verify.

The Cedar Communications page also posted an “urgent message” late Sunday night about Interstate 15 travel, advising motorists not to travel on the freeway north- or southbound from Cedar City unless absolutely necessary, stating roads were “extremely snow-packed and slick” and that Utah Highway Patrol troopers were going from slide-off to slide-off.

On Sunday, there were at least 20 reported crashes and 60 slide-offs near Cedar City, according to UHP Trooper Lawrence Hopper.

As this report is published, according to the Utah Department of Transportation Traffic Operations Center, in Iron County:

  • State Route 143 is closed in both directions from Brian Head to Mammoth Creek
  • No semitractor-trailers are allowed on state Route 14
  • Chains are required for all vehicles on state Route 20

Resources

  • Motorists may call Utah Department of Transportation’s “511” for the latest road conditions

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

The post Snowy weather closes Iron County schools; 1st time in 61 years appeared first on St George News.

St. George man arrested for sex abuse after luring teen on texting app

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ST. GEORGE Police are encouraging parents to monitor their children’s phone activity Monday following the Sunday arrest of a 22-year-old St. George man who allegedly sexually assaulted a 14-year-old whom he met via a popular texting application.

Don Louis Wakefield, of St. George, Utah, booking photo posted Jan. 31, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News
Don Louis Wakefield, of St. George, Utah, booking photo posted Jan. 31, 2016 | Photo courtesy of the Washington County Sheriff’s Office, St. George News

Don Louis Wakefield was arrested and booked into the Washington County Purgatory Correctional Facility on a third-degree felony charge of unlawful sexual activity with a minor, two third-degree felony counts of distributing pornographic material, along with a class A misdemeanor for sexual abuse of a minor.

Wakefield met and communicated with the 14-year-old alleged victim through a popular phone texting app, according to a media statement issued by the St. George Police Department Monday.

“After gaining her trust, the victim agreed to meet him at a location in St. George,” the Police Department said. “It was at this meeting that Mr. Wakefield allegedly sexually assaulted the victim.”

Following Wakefield’s arrest Sunday, the Police Department continues to urge parents to monitor their children’s phone activity and offered a link to a website with helpful information on what to look for and ways to help your children stay safe.

Cellphones have evolved from simple communication devices to mobile, miniature computers according to the National Center for Missing and Exploited Children. However, cellphones can be more difficult to monitor than a computer and children often use them without adult supervision.

The website encourages parents to review their family’s Internet safety rules with their children and become aware of the following risks before allowing them to own cellphones:

Making cyberbullying more painful

Cellphones can be used anywhere at any time, giving cyberbullies unlimited access to their victims, according to the site. While cellphones make it easy for children to communicate with their friends, it also makes them vulnerable to cyberbullying, as they may send and receive mean-spirited phone calls, texts and pictures at any hour.

Playing a role in grooming

Predators may ask children for their cellphone numbers after meeting them online or try to connect with willing children by sending texts to random numbers, according to the website. Other predators may send children cellphones and ask them to keep the phones a secret, allowing them to talk to and exchange text messages and pictures with children without close monitoring by parents and guardians.

Sexting made easy

“Sexting” is a term used to describe the sending of sexually explicit text messages or pictures of minors by minors.

“What most young people do not realize is that the production, possession and distribution of explicit photos of minors, even if they are self-produced, may be illegal,” according to the site. “Furthermore, if these explicit photos end up on the Internet, children may be taunted by their peers and jeopardize scholastic, athletic and employment opportunities.”

Unintentional sharing of geolocation data

GPS technology on smartphones allows the precise location of the user to be pinpointed by websites and apps.

Social networking sites such as FourSquare, GoWalla and Facebook take advantage of this technology by encouraging their users to “check-in” or share their locations. Because a “check-in” can be shared with a list of friends, the website encourages parents to make sure they know who is on their child’s friends list before allowing them to use this type of technology.

“Children also may share their locations unintentionally through pictures taken with their smartphones; these photos often have geolocation data embedded in them,” according to the site. “Consider disabling the location services on smartphones before allowing children to post photos online.”

Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

Resources

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

 

The post St. George man arrested for sex abuse after luring teen on texting app appeared first on St George News.

Southern Utah storm spurs 72 crashes, slide-offs in 24-hour span on I-15

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SOUTHERN UTAH — As snow began falling in Southern Utah along Interstate 15 Sunday, the Utah Highway Patrol was dispatched to two injury crashes, 24 property damage crashes and 46 slide-offs in a 24-hour span.

From noon Sunday through noon Monday, UHP troopers in Washington County handled one injury crash, one property damage crash and six slide-offs, while UHP in Iron County handled one injury crash, 23 property damage crashes and 40 slide-offs, UHP Sgt. Jake Hicks said Monday afternoon.

Additionally, around 9:30 a.m. Monday, approximately 20 semitractor-trailers that had pulled over at a rest area just north of New Harmony became stuck in a jam, Hicks said, after several of the semis were without snow chains and couldn’t get going again.

“The semitrucks pulled into the rest area to take a break from the weather — a lot of them pulled in there — and the snow kept falling,” Hicks said. “The plows aren’t able to keep up with that, especially when the parking lot is filled with semitrucks, snow plows have a hard time getting in there, so when the semitrucks started to go, the lead one got stuck.”

With the help of Utah Department of Transportation crews, who subsequently responded to the scene and put sand on the roadway, the semis were eventually able to get enough traction to get them moving again.

“For a time there, it was quite the jam-up of semitrucks,” Hicks said, “It only takes one or two semitrucks to get stuck and it can really, really back traffic up.”

Currently, Hicks said Washington County road conditions are looking good. However, the same couldn’t be said for Beaver and Iron counties.

“Where we’re seeing most troubles are up in Iron County and Beaver County — basically, the further north you go where it gets colder,” he said. “The last report I got from dispatch over the last two hours is Beaver County’s getting hit pretty hard with the weather and people are sliding off and crashing and things like that. That’s mostly where the trouble is right now.”

Hicks encourages motorists who are able to avoid traveling north to do so for the time being.

“The storm is supposed to pass tonight from what I’ve heard in the reports,” he said, “and tomorrow should be back to normal. As far as I’m aware, it should start tapering off tonight.”

Hicks is also cautioning motorists to watch their speed.

“Semitrucks (and) large vehicles drop a lot of ice, large chunks of ice and snow onto the roadway,” he said, “so it can appear only to be wet, but it can also be icy. Also, those large chunks of ice can cause problems when people try to avoid them.”

While the speed limit is 80 mph along most of I-15, Hicks said he would advise against motorists traveling 80 mph until the icy road conditions have cleared. He recommends a maximum speed of 65 mph in the current conditions.

This report is based on preliminary information provided by law enforcement and may not contain the full scope of findings.

Email: kscott@stgnews.com

Twitter: @STGnews

Copyright St. George News, SaintGeorgeUtah.com LLC, 2016, all rights reserved.

 

The post Southern Utah storm spurs 72 crashes, slide-offs in 24-hour span on I-15 appeared first on St George News.

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