State v. Jones

2016 UT 4, 365 P.3d 1212, 804 Utah Adv. Rep. 15, 2016 Utah LEXIS 4, 2016 WL 123139
CourtUtah Supreme Court
DecidedJanuary 11, 2016
DocketCase No. 20140753
StatusPublished
Cited by10 cases

This text of 2016 UT 4 (State v. Jones) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jones, 2016 UT 4, 365 P.3d 1212, 804 Utah Adv. Rep. 15, 2016 Utah LEXIS 4, 2016 WL 123139 (Utah 2016).

Opinion

Associate Chief Justice LEE,

opinion of the Court:

¶ 1 Adam Jones stands charged with official misconduct under Utah Code section 76-8-201 and with witness tampering under Utah Code section 76-8-508(1). At a preliminary hearing in the district court, the magistrate judge refused to bind him over for trial. The court of appeals affirmed on appeal. We reverse.

*1214 I

T2 At 9:45 p.m. on March 7, 2011, Police Chief Adam J ones-one-half 'of the two-person police force in Kamas, Utah-had fifteen minutes left in his ten-hour shift when he received & call on his personal cell phone. 1 The caller was D.M., the girlfriend of Jones's brother, Travis. D.M. asked Jones "to come over and talk or take care of [Travis]." Preliminary Hearing, Nov. 28, 2011 at 56-57 (Hearing). This had happened many times before. Travis had a tendency to get violent when drunk, and throughout the years Travis's girlfriends had often called Jones, asking him to come calm his brother down. Travis has had three or four previous domestic violence charges.

¶ 3 Still on duty and in uniform, Jones drove his police car the few blocks from the police station to Travis's house.. Upon arriving, Travis-drunk, but calim-met Jones at the door. Travis was shirtless. Jones could see scratches on his brother's chest. Travis claimed that D.M. had inflicted them, and directed Jones to the garage. Jones found D.M. there. She stated that Travis had kicked her in the shin. Yet Jones observed no marks or bruising, and D.M. "seemed normal" while "walking around" and "up the stairs in the garage." Interview of Chief Adam Jones by Utah Attorney General's Office Special Agents, (Mar. T, 2011) at 7-8, 10, 19 (Interview).

¶ 4 Jones asked D.M. if she wanted him to call the Summit County Sheriffs Office for her since he could not get involved with family, D.M. declined, indicating that they could not afford for Travis to go to jail again. Instead, she asked that Jones put Travis to bed. Jones then reiterated his offer to call county law enforcement, but D.M. again declined.

¶ 5 When Jones returned to his brother, Travis admitted that he had seratched himself in an attempt to get D.M. in trouble. At that point Travis was on the verge of passing out, and Jones told him to go to bed, Jones then returned to D.M. and asked her once more if she wanted him to call the sheriff's office. When she again declined, Jones directed her to call the sheriff if anything else happened. Jones spent about fifteen or twenty minutes at his brother's home. He then returned to the police station and clocked out from his shift. He did not file a report of the incident or give D.M. a "written notice of her rights and remedies available" as required by Utah Code section T77-36-21(2)(a).

¶ 6 Later that evening D.M. again called Jones. But he refused to answer when he saw who was calling. Jones then later observed on his computer at home that a 911 call had been placed from his brother's resi-denes. He turned on his police radio and listened to the response of the sheriff's department and subsequent arrest of his brother for assaulting and injuring both D.M. and her ten-year-old son.

¶ 7 Travis was aggressive, violent, and vulgar during his arrest and transport to the county jail, During the investigation that evening, the sheriffs department learned that Jones had been at Travis's home earlier in the day. A sheriffs deputy also observed "the starting of bruising" on D.M.'s leg. Hearing at 51.

¶ 8 The next morning Jones visited Travis in jail, The deputy on duty overheard, from about seven feet away, Jones inform his brother that he was passed out in bed when Jones had arrived at Travis's house the night before. - After visiting with his brother, Jones also conversed with the deputy-informing him that Travis had been passed out when Jones had showed up at his home.

¶ 9 The State charged Jones with witness tampering, a third-degree felony, and official misconduct, a class B misdemeanor. 2 As to the first count, the State asserted that Jones violated section 76-8-201 when he, "with an intent to benefit himself or another knowingly refrainled] from performing a duty imposed on him by [the Cohabitant Abuse Procedures Act]." Ruling & Order at *1215 5-7. That act requires any "law enforcement officer who responds to an allegation of domestic violence" to, among other things, "protect the victim and prevent further violence"; "give written notice to the victim ... describing [one's legal] rights and remedies"; and "arrest without a warrant or ... issue a citation to any person that the peace officer has probable cause to believe has committed an act of domestic violence." Code §§ 77-36-21 & 2.2. Regarding the second count, the State asserted that Jones "tam-perled] with a witness" when, "believing that an official proceeding or investigation is pending or about to be instituted, or with the intent to prevent an official proceeding or investigation, he attempted] to induce or otherwise cause [his brother] to testify or inform falsely; [or] withhold ... testimony." Utah Code $ 76-8-508(1).

¶ 10 The magistrate judge concluded that the State had not met its burden of presenting sufficient evidence to support a reasonable belief that Jones had committed witness tampering or official misconduct, Ruling & Order at 10-11, A majority of the court of appeals affirmed on both counts, observing that "[the Act does not impose its duties on all police officers at all times but rather on police officers who are responding to allegations of domestic violence." State v. Jones, 2014 UT App 142, ¶ 20, 330 P.3d 97. Because in its view "[t]he totality of the ciream-stances of the ... incident includes undisputed evidence that [D.M.] called Jones on his personal cell phone and that Jones responded to that personal call solely in his capacity as Travis's brother," the court concluded that there was insufficient evidence to support a bindover. Id. ¶ 23. Judge Christiansen dissented on this point, asserting that Jones's legal duty as a law enforcement officer was triggered when D.M. made an allegation of domestic violence. Id. ¶ 41. For the second count, the court of appeals held that "Iwle cannot infer Jones's belief of an official investigation from his actions when ... those actions did not constitute a erime or otherwise suggest the likelihood of an investigation." Id. ¶ 33. On that count the court of appeals' decision was unanimous.

IT

¶ 11 The prosecution bears the burden of proof at a preliminary hearing. That burden protects our citizens from "groundless and improvident prosecutions," State v. Virgin, 2006 UT 29, ¶ 20, 137 P.3d 787, or in other words, from "the substantial degradation and expense incident to a modern erimi-nal trial when the charges ... are unwarranted or the evidence insufficient," State v. Anderson, 612 P.2d 778, 784 (Utah 1980). It does so by requiring the prosecution to "present sufficient evidence to support a reasonable belief that an offense has been committed and that the defendant committed it." State v. Clark, 2001 UT 9, ¶ 16, 20 P.3d 300.

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Cite This Page — Counsel Stack

Bluebook (online)
2016 UT 4, 365 P.3d 1212, 804 Utah Adv. Rep. 15, 2016 Utah LEXIS 4, 2016 WL 123139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jones-utah-2016.