365 P.3d 1212
Utah2016Background
- On March 7, 2011, Kamas Police Chief Adam Jones (one of two officers in town) received a personal cellphone call from D.M., his brother Travis’s girlfriend, asking him to "come over and talk or take care of [Travis]."
- Jones, on duty and in uniform, drove his police car to Travis’s house, spent ~15–20 minutes there, observed alcohol and minor injuries/allegations, told Travis to go to bed, and offered to contact the Summit County Sheriff (D.M. declined).
- Jones did not file a report or provide statutorily required written notice to the alleged victim under the Cohabitant Abuse Procedures Act; later that evening the sheriff responded, arrested Travis, and discovered Jones had been at the house earlier.
- The State charged Jones with official misconduct (Utah Code § 76-8-201) for knowingly refraining from duties imposed by the Cohabitant Abuse Procedures Act, and with witness tampering (Utah Code § 76-8-508(1)) for allegedly inducing false testimony by telling Travis and a jailer that Travis had been asleep when Jones was there.
- At the preliminary hearing the magistrate declined bindover; the Utah Court of Appeals affirmed, reasoning the initial call was personal and there was insufficient evidence of belief that an investigation was imminent; the Utah Supreme Court granted certiorari and reversed, holding the State met the low probable-cause/bindover standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported bindover for official misconduct for failing to perform duties after responding to a domestic violence allegation | Jones responded (or, after arrival became responsible) as an officer to an allegation of domestic violence and knowingly refrained from statutory duties to benefit himself/brother | Jones responded solely as a family member on a personal call, repeatedly offered to summon sheriff, and therefore statutory duties were not triggered | Reversed: viewing evidence in light most favorable to prosecution, sufficient probable cause existed to bind over for official misconduct |
| Whether evidence supported bindover for witness tampering for statements after arrest | Jones, believing an investigation was likely, sought to induce testimony that Travis had been asleep to prevent an investigation | Jones was merely checking on his brother; his statements were innocent and there was no evidence he believed an investigation was imminent | Reversed: sufficient evidence for a reasonable officer to conclude Jones believed investigation was imminent and attempted to induce false testimony; bindover proper |
Key Cases Cited
- State v. Clark, 20 P.3d 300 (Utah 2001) (preliminary hearing burden: prosecution must present sufficient evidence to support a reasonable belief offense was committed)
- State v. Virgin, 137 P.3d 787 (Utah 2006) (purpose of preliminary hearing is to protect against groundless prosecutions)
- State v. Schmidt, 356 P.3d 1204 (Utah 2015) (bindover standard requires probable cause; magistrate must not weigh evidence for most reasonable inference)
- State v. Maughan, 305 P.3d 1058 (Utah 2013) (appellate review de novo but bindover decisions entitled to limited deference)
- State v. Ramirez, 289 P.3d 444 (Utah 2012) (probable-cause standard at preliminary hearing same as for arrest warrant)
- State v. Robbins, 210 P.3d 288 (Utah 2009) (conviction may rest on uncorroborated victim testimony)
