State v. Jones
330 P.3d 97
Utah Ct. App.2014Background
- Jones was the Kaamas police chief charged with official neglect and misconduct, and witness tampering.
- Magistrate dismissed all three counts after a preliminary hearing for lack of bindover evidence.
- State alleged Jones violated the Cohabitant Abuse Procedures Act during a February 15 incident at Travis's house.
- Jones intervened in a domestic-violence situation as a family member, not as a police officer, and did not arrest or issue reports.
- Next morning, Jones discussed the prior night with Travis in jail, telling him he had been passed out.
- State appeals, arguing magistrate erred in binding Jones over on all counts; Court affirms dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether magistrate erred in official neglect/misconduct dismissal | State argues bindover evidence supported charges. | Jones contends duties under Act did not arise for municipal officer role. | Magistrate's dismissal affirmed |
| Whether official misconduct under 76-8-201 was properly dismissed | State maintains Jones had a duty under the Act and violated it in his capacity as officer. | Jones acted as family member, not as officer; no duty triggered by Act. | Magistrate's dismissal affirmed |
| Whether witness tampering under 76-8-508(1) was properly dismissed | State contends Jones believed an official investigation was pending. | Jones did not believe an investigation was pending; statements were not to impede any investigation. | Magistrate's dismissal affirmed |
Key Cases Cited
- State v. Maughan, 2013 UT 37 (Utah Supreme Court (2013)) (bindover standard; limited deference to magistrate)
- State v. Machan, 2013 UT 72 (Utah Supreme Court (2013)) (magistrate discretion at bindover)
- State v. Tolman, 775 P.2d 422 (Utah Ct. App. 1989) (official misconduct requires acting in capacity as public servant)
- State v. Gardiner, 814 P.2d 568 (Utah (1991)) (assault on a peace officer; scope of authority test)
- Salt Lake City v. Christensen, 2007 UT App 254 (Utah Court of Appeals (2007)) (officer acting within scope when preserving law and order; scope depends on circumstances)