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Five more charged in drug smuggling operation at jail

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An additional five suspects are facing felony drug charges after they allegedly smuggled drugs into the Tooele County Detention Center earlier this year. 

Nathan Lynn Bergener, 40, of Tooele, is charged with first-degree felony possession with intent to distribute a Class C substance and third-degree felony possession of a Class C substance within a correctional facility. 

Billy Mark Anders, 36, of South Salt Lake, and Amber Marie Evans, 36, of Kearns, are both charged with first-degree felony possession with intent to distribute a Class C substance. 

Brianna Marie Gallegos, 24, of Salt Lake City, and Dominic Carlos Trujillo, 23, of Kearns, are both charged with three counts of first-degree felony possession with intent to distribute a Class C substance. 

Tooele County Sheriff’s corrections deputies were notified of an inmate in pain on July 9, and after being checked by the hospital, the inmate tested positive for methamphetamine, according to a probable cause statement. Several other inmates, including Bergener, tested positive for methamphetamine. 

After Tooele County Sheriff’s detectives interviewed the inmates, they determined Anders was getting the drugs into the jail through Bergener, the statement said. Detectives also learned a woman had brought the meth to the detention center and placed it in a lobby restroom. 

Bergener was found to have meth in his possession and told police in an interview that he received the drugs through another inmate, according to the statement. He said he received a note in a garbage can from another inmate that said they were bringing in an ounce of meth and an ounce of heroin. 

Bergener said the drugs were being brought into the building and deposited in the lobby restroom garbage cans outside the bag for pickup, the statement said. Video footage confirmed Bergener’s account, and showed Anders and another inmate take the garbage can out of sight of the cameras once it was brought into the jail. 

Investigators reviewed video surveillance footage and phone calls between Trujillo, Evans and Gallegos in which they allegedly discuss a drop on July 6, according to the probable cause statement. 

On Aug. 1, investigators located methamphetamine in the lobby restroom and used video surveillance and phone conversations between Gallegos and Trujillo to determine the drugs had been stashed on July 25, the statement said. 

The lobby bathroom was put under surveillance on Aug. 10 after further conversations between Gallegos and Trujillo revealed it would be the date of the next drop, the statement said. On that day, the bathroom was put under surveillance after the bathrooms were checked at 6:30 a.m. 

Rosealina Hernandez, 34, entered the restroom with a child, left money on Trujillo’s account and exited the building. The lobby restroom was immediately checked and investigators found 5.6 grams of meth in the garbage can; Hernandez was also arrested and 1.8 grams of meth were found in her possession. 

After she was contacted by police, Gallegos admitted to giving a ride to Evans to drop off drugs in July and to paying Hernandez $50 to make the drop on Aug. 10, the probable cause statement said. Gallegos told investigators Trujillo asked her to deposit the meth in the jail and to put money on his account to signal it had been made. 

Hernandez, of Salt Lake, was charged with first-degree felony possession with intent to distribute a Class C substance and misdemeanor counts of possession or use of a controlled substance, manufacture or delivery of drug paraphernalia and use or possession of drug paraphernalia on Aug. 13. 

Bergener failed to attend his initial appearance in 3rd District Court on Oct. 10 and no follow-up court date appears in court records. Anders, Gallegos, Trujillo and Evans are scheduled to make their initial appearances on Oct. 29 at 10:30 a.m. before Judge Matthew Bates. 

 


Mountain lion spotted three times in Stockton area

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Residents in the Stockton area are being warned to be on the alert for a young mountain lion, after the big cat was spotted three times in the past several weeks.

The Stockton Police Department was first made aware of a possible cougar in the area when officers investigated a report of a cougar chasing horses at a residence on Hickman Road, according to Stockton Police Chief Travis Romney. When officers arrived to the scene, the cougar was already gone, he said. 

Two weeks later, a second sighting of a mountain lion was reported, this time by The Church of Jesus Christ of Latter-day Saints in Stockton, according to Romney. 

Then, at around 5:30 a.m. on Monday, Stockton police were dispatched to reports of barking dogs on North Sheridan Street. Romney said hound dogs had gotten loose and were making so much noise the police department received multiple calls.

When officers arrived on scene, they found one of the dogs partially up a tree and they had to use an animal control stick to remove it. Romney said officers could see a pair of eyes further up the tree.

Once the dogs were removed from the base of the tree, the cougar jumped down in front of the police vehicles, before running toward the hills northeast of the town, Romney said. 

The cougar appears to be young, only about the size of a German Shepherd, according to a release from the Stockton Police Department. Romney said it’s about the time of year when young cougars leave their mothers to establish their own territory.

A 2-year-old cougar was tranquilized and transported out of Overlake last August after it was spotted moving through residential yards and over fences. 

The Stockton Police Department is working with the state Division of Wildlife Resources to locate, tranquilize and relocate the young cougar further from town, Romney said. 

“We’ll definitely be looking for it,” he said. 

If anyone in the Stockton area sees the cougar, they should not approach the animal and call the Stockton Police Department at 435-882-5600, the release said. 

Romney also passed along information from the state DWR on how residents can protect their families and their pets from a cougar.

The DWR recommends feeding your pets inside and keeping them inside at night, as the food can attract cougars and pets are easy prey. Clearing vegetation that can serve as a hiding place or bring deer into the yard is also recommended. 

The DWR also suggests keeping a close eye on children when they play outside and bringing them inside before dusk, when cougars begin to hunt. Securing livestock in a barn, shed, or well-lit enclosure can protect them from a cougar attack. 

Outdoor lighting, including motion-sensitive lighting, can serve as a deterrent and make the big cats more visible. 

 

Tooele man sentenced to prison for unlawful sexual conduct

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The Tooele man who impregnated a 16-year-old girl was sentenced to up to 5 years in the Utah State Prison during sentencing in 3rd District Court on Tuesday. 

Brandon Edward Catt, 32, pleaded guilty to an amended count of third-degree felony unlawful sexual conduct with a 16 or 17 year old during a Sept. 4 court appearance. He was originally charged with first-degree felony rape, first-degree felony distribution of a controlled substance and third-degree felony permitting a child to be exposed to a controlled substance. 

Tooele City police received a child abuse neglect report on April 18, which advised a 16-year-old girl had recently given birth to a baby and several individuals suspected Catt, who was in a position of trust to the girl, was the father, according to a probable cause statement. Police interviewed the suspect at the Tooele County Children’s Justice Center, where she did not disclose any sexual involvement with Catt. 

The following day, the victim spoke with police at a friend’s house and said she had sex with Catt long before she got pregnant, according to the probable cause statement. On April 20, the victim recanted her statement to police and said she never had sex with Catt. 

Police then obtained consent from the state Department of Child and Family Services, who had custody of the victim’s child, for a cheek swab, the statement said. The cheek swab was obtained on April 24 and a paternity test was submitted on May 2.

The results of the DNA paternity test, which were received on June 27, determined Catt was the biological father, according to the probable cause statement. 

In an interview with police, Catt admitted to providing and using methamphetamine with the victim over the span of three to four months, the statement said.

 

Service agency approves $9,850 for evaluation of golf course

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The Stansbury Service Agency board wants an independent set of eyes to review and evaluate the community’s golf course, approving a $9,850 assessment during its Wednesday night meeting. 

The assessment, which will be completed by Staples Golf of Scottsdale, Arizona, is expected to begin mid-November, according to Stansbury Service Agency manager Gary Jensen. Board chairman Neil Smart said the company will evaluate the golf course and give direction on improving efficiency, areas to clean up, and needed changes. 

Jensen told the board he’d recently met with a representative of Staples Golf, who described the assessment process to him. 

“He’s going to do a complete walk around and give us some ideas on their expertise as far as developing golf courses and getting it back up and running,” Jensen said.

The assessment comes on the heels of the board’s Oct. 10 meeting, in which it approved an intent to raise property taxes by a maximum of 23 percent. 

At that meeting, Smart said there was a “really big possibility” the service agency would have to take over managing the Stansbury Park Golf Course, which was cited as one reason for the increase. 

The maximum tax increase would generate an additional $223,578.15 in revenue. Residents with a $250,000 home would see a total increase of $64.10, split evenly between the Recreation Service and Greenbelt Service taxes, if the maximum increase was approved.

The service agency owns the golf course but leases it to a private operator. In 2018, the service agency set aside $95,000 for golf course improvements in its capital improvements fund budget. 

Prior to the board’s vote, Trustee Cassandra Arnell expressed concern there was no deliverables given to the board with some level of specificity on what Staples Golf would provide the service agency. Trustee Mike Johnson said the company would likely note deficiencies and give recommendations for fixes. 

The assessment was approved unanimously on a motion by Trustee Brenda Spearman, seconded by Johnson.

 

Grantsville’s new police officer makes big drug bust on I-80

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The newest member of the Grantsville City Police Department made a big splash with a sizable marijuana bust at a DUI checkpoint early Saturday morning. 

Officer Joseph Lopez, who is still in field training, was working a checkpoint at milepost 3 on Interstate 80 shortly after midnight, according to a probable cause statement. When Lopez approached the vehicle with his flashlight, he said he saw green flakes that appeared to be marijuana on the driver’s lap. 

Lopez said he asked the driver, later identified as Nicholas Kemp, 29, of Omaha, Nebraska, if there was anything illegal in the vehicle and Kemp gave him a grinder with marijuana. With probable cause to search the vehicle, Grantsville City Police Sgt. Lydon Allred took Kemp into custody and the passenger, Nicholas Shinn, 22, of Omaha, Nebraska, exited the vehicle. 

Kemp told Allred there were other illegal things in the vehicle that officers would find, the probable cause statement said. 

During a search of the vehicle, Lopez discovered a sandwich bag of marijuana in the passenger compartment and multiple garbage bags containing about 50 individual bags in the trunk and rear floor of the passenger compartment. 

A locally viral Facebook post by the Grantsville City Police Department, which garnered more than 800 reactions, 290 comments and 135 shares by Thursday morning, listed the total weight of the marijuana at approximately 65 pounds. 

When asked how he felt about making such a significant bust so early in his career, Lopez said he was glad to catch the black market drugs en route. 

“I think it’s really good,” he said. “It’s always a good thing to stop drugs coming through.”

Allred said it’s not common to get a bust like that, though a large amount of drugs come through Tooele County via I-80. He said the car was packed with a “suicide load,” in which a vehicle is packed with as much drugs as possible and driven straight through to the destination by a couple occupants. 

“I was pretty excited for Lopez because I knew what he was getting himself into,” Allred said.

While the marijuana in this case was being driven from California to Nebraska, Salt Lake City is a major distribution hub for illegal drug traffic, according to Allred. With two interstate highways — Interstate 15 and I-80 — running through the city, drugs are funneled into Salt Lake then dispersed, he said. 

About six months ago, Grantsville City police officers also made a bust that netted three pounds of methamphetamine, according to Allred. 

The two suspects in the marijuana bust, Kemp and Shinn, were both charged with third-degree felony possession with intent to distribute a Class C substance and misdemeanor manufacture or delivery of drug paraphernalia. 

Kemp and Shinn are scheduled to make initial appearances in 3rd District Court on Oct. 29 at 10:30 a.m.

 

Michigan man arrested, charged after high-speed pursuit on I-80

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A Michigan man is facing criminal charges after he allegedly failed to comply with a traffic stop on Interstate 80 and was found with drugs in his vehicle and in his possession. 

Charles Roy Harter, 28, is charged with third-degree felony failure to stop or respond at the command of police, as well as misdemeanor counts of attempted escape from official custody, driving with any measurable controlled substance in the body, interference with an arresting officer, possession or use of a controlled substance and use or possession of drug paraphernalia. 

A UHP trooper was traveling eastbound on I-80 near milepost 59 when another trooper near exit 56 reported a white Chevrolet Impala traveling at a radar-clocked 101 mph, according to a probable cause statement. The freeway speed limit is 80 mph on that stretch of I-80 and the reporting trooper also noticed the vehicle had crossed the left fog line. 

The white Impala overtook the responding UHP trooper and an additional trooper going at 97 mph based on the in-car radar, the statement said. The vehicle passed both troopers and the responding trooper initiated a traffic stop. 

The Impala pulled to the right and stopped along the shoulder, the statement said. The driver, later identified as Harter, put his left arm out the window and gestured at the troopers. 

Harter crossed back into the right lane of travel and pulled out, and the trooper tried to determine if he was looking for a safer location to pull over, according to the probable cause statement. The Impala accelerated to about 81 mph, then increased its speed to in excess of 100 mph. 

The Impala and the troopers passed the exit 62 overpass and Harter’s vehicle came to a stop in the left lane, the statement said. He then exited the vehicle and the troopers made a felony stop.

After he was handcuffed, Harter attempted to run from the troopers and troopers “placed the subject on the ground,” according to the probable cause statement. A search of the vehicle found no other occupants inside. 

Harter also struggled against the trooper when he attempted to place him in the rear of a UHP vehicle, the statement said. He pressed his feet against the car and said he would break the door. 

Once he was secured, Harter undid his seatbelt and slammed his body against the squad car door, the statement said. An ambulance was called to medically evaluate Harter and he was transported to Delle, but he refused to get in the ambulance and was taken to the Tooele County Detention Center. 

During an inventory of the vehicle, troopers found a marijuana grinder and a small amount of marijuana, according to the probable cause statement. Harter later told police he had taken LSD and was unsure where he was, saying he had taken it in Michigan or Wisconsin two hours prior to his arrest. 

Harter bailed out of jail on Oct. 5 and did not make his initial appearance in 3rd District Court on Monday. Due to his out-of-state residency, Harter is scheduled to return to court for a preliminary hearing on Dec. 11 at 8 a.m.

 

6 cows killed in SR-36 rollover

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A semitrailer hauling 105 cows crashed along state Route 36 on Sunday afternoon, killing six of the animals and injuring an additional three. 

The semi was heading northbound on SR-36 in the area of the intersections with state Route 73 and Penny Road around 1 p.m., according to the Utah Highway Patrol. The semi driver misjudged the bend in the road and the trailer tipped onto its side, according to UHP Sgt. Nick Street. 

The driver of the semitrailer was uninjured in the crash, according to UHP. Traffic was not interrupted by the accident, as the semi landed completely off the highway. 

The loose cows who survived the accident were corralled using temporary fencing, according to UHP. All of the cows came from a feedlot, Street said. 

 

Spooky lineup of Halloween events on tap this week

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Trick-or-treaters from around Tooele County will have options Wednesday as they look for Halloween candy and other goodies. 

A Halloween tradition will return for a 13th year, as the Tooele City Downtown Trick or Treat will be held from 4 p.m. to 7 p.m. The trick-or-treat route will run on Main Street between Utah Avenue and 100 South, and Vine Street from 50 East to 50 West. All are welcome. 

The Tooele Albertson’s will host a free event tonight, from 6 p.m. to 9 p.m. in the store’s parking lot. There will be hay rides, bounce houses, entertainment prizes, candy and games. 

There will also be hot dogs, apples, popcorn, hot cocoa and other drinks at the Albertsons, located at 740 N. Main St. 

The Grantsville City Police Department will sponsor a community Trunk-or-Treat event at Grantsville High School parking lot on Halloween from 5:30 p.m. to 8 p.m. Attendees can purchase hot dogs, chips and a drink for $2. 

The annual trick-or-treat in the Grantsville Town Center will be tonight from 3:30 p.m. to 5:30 p.m., with candy for kids and prize drawings. The event is sponsored by local businesses in Grantsville’s downtown area. Meier and Marsh Physical Therapy will host a pumpkin carving and decorating contest at 6:30 p.m. 

The Carriage Crossing subdivision in Grantsville will host a Halloween event as well Wednesday from 5 p.m. to 9 p.m., promising food, fun and frights. The event is open to the public but non-residents will need to park outside the subdivision and walk in.

 


Grantsville City unveils new $465K fire engine

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After more than a year of waiting, Grantsville Volunteer Fire Department’s latest piece of equipment has finally arrived. 

The pristine Rosenbauer Commander fire engine was ordered in July 2017 and it’s been a long wait since for Grantsville City Fire Chief Rob Critchlow. The fire engine arrived last Thursday, after it was driven from the South Dakota factory to Lake Point, then driven by the fire department to the station. 

“Thursday was Christmas for me,” Critchlow said.

The fire engine is so new it doesn’t even have the department’s decals on it yet, but it was on display Saturday during an open house. More than 150 people attended the open house, according to Critchlow. 

The decals arrive on Wednesday, the finishing touch on the $464,668 piece of equipment. 

It’s the first new fire engine for the department since 1992 and will put the department’s 1983 engine into semi-retirement. Critchlow said the 1983 engine will be used as a supply vehicle, transporting tools and other necessities to fires. 

The new engine includes seating for five firefighters, with the air tanks loaded directly into the seats for four firefighters. The 1992 engine can seat six, but only carries four air packs, which are carried on the side of the engine and must be put on at the scene. 

It also has a 1,000-gallon water tank, which dwarfs the 750-gallon water tanks on the older engines. A new addition is 30 gallons of fire suppression foam, which is activated with a flip of a switch. 

The pump operator will work from a raised platform where they can see nearly the entire fire scene, Critchlow said. The new engine also boasts an on-board generator and other improvements. 

“It has so many more options that the other ones don’t have,” he said. “Fighting fires nowadays is different than fighting fires 30, 40 years ago. This truck has a lot of technology on it that will help us be more efficient with our water supply and how we do things.”

Critchlow and two other members of the department went to the Rosenbauer plant in South Dakota for the final inspection of the fire engine, which was purchased through Graham Fire Apparatus of Idaho. 

Now that the engine has arrived, the fire department will begin training its 50 volunteer members on the use of the new equipment. Critchlow said he expects the department should have its firefighters trained on the new engine by Thanksgiving.

 

Aragon murder case set for February trial

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After the September jury trial dates in the murder trial of a man accused of killing his mother in August 2016 were canceled this August, new jury trial dates for February were set Tuesday in 3rd District Court. 

Jesus Eldon Aragon, 46, is charged with first-degree felony murder and first-degree felony aggravated burglary.

The jury trial, originally scheduled to begin on Sept. 4, is now scheduled for Feb. 19 before 3rd District Court Judge Matthew Bates. The trial is currently scheduled for four days. 

A final pretrial conference is scheduled for Feb. 12 at 9 a.m. before Bates. 

Bates deemed Aragon fit to stand trial with certain accommodations during an evidentiary hearing in April. Aragon underwent three competency evaluations and two found him not competent to stand trial. 

The original trial dates were set during a May 29 status conference in 3rd District Court. 

Tooele City police were dispatched to Marcella Aragon’s home the morning of July 22, 2016, on a report of suspicious activity after a family member reported seeing Jesus Aragon in the area, acting suspiciously.

Officers received no answer at the front door but made contact with Jesus Aragon through an open window on the southeast side of the home, a probable cause statement said.

When officers asked Jesus Aragon to come out and speak with them, he did so willingly. Once he exited the house, however, he threw himself on the ground in the front yard and began to scream and cry, the statement said.

After Jesus Aragon allegedly resisted arrest, he was cooperative and admitted to the murder of his mother, police said.

When Tooele City police entered the home, they found Marcella Aragon deceased on the living room floor with obvious signs of assault and a struggle, according to the probable cause statement.

 

Tooele, Aposhian lawsuit set for bench trial next month

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The civil court case between the Aposhian Sod Farm near Vernon and Tooele City, which has lasted more than five years and one trial already, is set for a bench trial beginning Dec. 5. 

The trial is scheduled to run for three days, beginning at 9 a.m. each day, before 3rd District Court Judge Matthew Bates. The bench trial dates were set during a final pretrial conference on Oct. 22. 

The case was originally filed in 3rd District Court in May 2013, before then-Judge Robert Adkins. A jury awarded Aposhian Sod Farm $2.77 million and the city $137,000 in the initial December 2016 trial. 

The lawsuit stemmed from conflicting interpretations of a 1998 lease agreement between the city and Aposhian. 

The lease spells out terms between the city and Aposhian, with the sod farm company paying $30,000 per year to use the sod farm’s acreage and wells to grow and sell commercial sod. The farm is located 33 miles south of Tooele City and west of state Route 36.

The disagreement centered around the lease’s term, its termination clause, and how much sod crop buy-out the city owed at the lease’s termination.

The lease agreement, which renewed automatically each year for 10 years, could be terminated without cause by either side with 120 days advance written notice. If the city terminated the lease without cause, it agreed to pay the value of Aposhian’s sod crop on the date of termination. 

The original agreement expired on Dec. 31, 2007 and Aposhian remained operational on the property on an at-will, year-to-year basis, according to a Nov. 20, 2012 termination letter from Clyde Snow Attorneys at Law, representing the city. A second termination letter submitted on Jan. 18, 2013 required the company vacate the property within 120 days but it would have access to the property until the end of 2014 to harvest the sod already planted. 

In court documents, Aposhian argued the lease agreement provided for automatic renewals for successive 10-year terms beginning at the start of each calendar year and would not vacate the property.

Aposhian also claimed because the city had allowed the company to remain on the property after Dec. 31, 2007 the city should be barred from asserting the termination occurred “by virtue of its silence and unbroken course of conduct in which Tooele acted as if the parties were operating under the terms of the lease agreement” prior to the November 2012 termination letter.

Following a claim by Tooele City and subsequent counterclaim by Aposhian, both sides looked for summary and partial summary judgments from Adkins. Some of the judgments were granted by Adkins but the case remained unresolved. 

A trial in the fall of 2015 was scheduled but cancelled, before the jury trial in December 2016. 

The eight-member jury decided the city did prove Aposhian committed waste on the property and should pay $137,000 in damages to the city. But it also decided the city did not prove Aposhian remained in possession of the property after Dec. 10, 2013, nor did the city prove that Aposhian breached the lease agreement.

The jury further determined the value of Aposhian’s sod crop as of Jan. 18, 2013 to be $2.77 million. It further determined Aposhian received no revenue from its sod farm and related agricultural operations during 2013.

In January and August of 2017, Tooele City filed multiple motions, which included objections to the proposed form of judgment, request for treble damages to the jury’s award and a request for reduced damages or a new trial. 

On Dec. 26, Adkins awarded Tooele City $16,522 in fees. He also offered a reduced judgment of $1.73 million  — which reflected a 100 percent yield of the sod with a reduction for a specific variety of the sod grass and regrowing sod, which were contested by Tooele City — or a new trial would be set. 

On June 13, the case was set for a three-day jury trial, beginning on Dec. 5. The trial was changed to a jury trial during the final pretrial conference on Oct. 22. 

Despite the legal situation surrounding the property, the Tooele City Council voted to approve listing the 1,784-acre sod farm for sale during its Sept. 19 meeting. The water rights connected to the property would not be included in the sale. 

Tooele City bought the Vernon property for $650,000 in July 1990 to tap into its certificated water right of 4,181 acre-feet (1.36 billion gallons) per year, with the intention to someday pipe some of the water to Tooele City for culinary use by residents.

The property has been unused for the past four years, according to Tooele City Attorney Roger Baker. The resolution passed by the council in September indicated the purpose of the land sale is to bolster the city’s finances and minimize, to the extent possible, the tax burden on residents and businesses.

 

Tooele man charged with sexual abuse of a child

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A Tooele man has been charged in 3rd District Court after he allegedly sexually abused an 11-year-old child. 

Jose Luis Mendez Pimentel, 29, is charged with three counts of second-degree felony sexual abuse of a child.

On Sept. 12, Tooele City police investigators were assigned a child abuse and neglect report, according to a probable cause statement. The report said the victim, an 11-year-old child, had been abused by Mendez Pimentel on three occasions. 

According to the report, the victim told their mother that Mendez Pimentel removed their pants and then he would rub his penis on the victim’s body, the statement said.

During a Sept. 21 interview at the Tooele County Children’s Justice Center, the victim told the state Division of Children and Family Services caseworker that Mendez Pimentel would touch them all over. The victim said it had been happening for over four years at Mendez Pimentel’s house, who was in a position of trust to the victim. 

Following his initial appearance in 3rd District Court on Monday morning, Mendez Pimentel is scheduled to return to court for a scheduling conference on Dec. 18 at 1:30 p.m. before Judge Matthew Bates. 

 

Semi rolls on I-80 in no injury crash

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An eastbound semitrailer crashed on Interstate 80 near the milepost 54 rest area Monday morning, blocking most of the travel lanes, according to the Utah Highway Patrol. 

The semitrailer was pulling a double load at the time of the accident and both trailers detached in the accident, UHP said. Following the accident, one trailer was on its side blocking the right lane and the other remained upright, straddling the center line.

The driver of the semitrailer was not injured in the crash, according to UHP. 

Eastbound I-80 was reported as closed at 7:48 a.m., by the Utah Department of Transportation’s traffic Twitter account.

Due to light traffic in the area, vehicles were able to get around the scene of the accident, according to UHP.

 

Stockton boots library from Town Hall

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Naomi Perry has at least four more days to remove dozens of boxes of donated books, DVDs, and other supplies from the basement of Stockton Town Hall. The Stockton Library Legacy,  which first pitched in concept at the July 13, 2017, Stockton Town Council meeting, will pack up and leave before it ever opened. 

The books, DVDs, old Stockton mining tools, furniture and craft supplies will be stored in Perry’s garage until the library and community center finds a new location. 

“A huge driving force, and the reason I started this library … is because I wanted to create a place for youth,” Perry said. “A safe place in town where they could go and find a friend, to congregate and hang out, to have a place where they felt safe.” 

Stockton Mayor Thomas Karjola said the library was started without proper agreements and protections for the town in place. The work in the Town Hall basement began after former Mayor Mark Whitney offered the space to Perry. The basement was formerly used for storage. 

“This is something that I’ve wanted and been in support of, but the cart was put before the horse,” Karjola said. 

In the town council meeting minutes from July 13, 2017, Perry introduced the idea of a community center and library for resident use. The nearest library to Stockton is in Tooele City and charges a $30 annual fee to non-residents. 

During that meeting, the minutes indicate Perry said the community center and library would be nonprofit and she would apply for grant funding. The town council suggested Perry create a business plan and development plan, including a cost analysis and budget, the minutes said. 

“After that is completed then come back and present it at a Town Council Meeting,” the minutes said. “Then, when all of the steps to develop this business are completed, the council will be supportive of her efforts.” 

The meeting minutes do not indicate which council member or members specifically spoke at that point of the meeting. 

At a Feb. 1 special meeting, Perry returned before the town council to tell them Karjola, then serving as mayor pro tempore following the resignation of Whitney, had told her the basement was not Americans with Disabilities Act accessible and the library space was given to Stockton Police Chief Travis Romney for an office. 

“Yesterday, I was called down and told it wasn’t going to be able to be opened because of the (Americans with Disabilities Act) access and a failure, I guess, to ever plumb the bathrooms down there,” she said. 

At that meeting, Karjola said the town hadn’t been able to stop work in the basement prior to Whitney’s resignation, which can only be accessed by two staircases and has no bathroom. 

“It’s so unfair for you to have been allowed to put your blood sweat and tears and your heart and soul into this before knowing we can even open it,” Karjola said. “Because if we can’t meet ADA requirements, we can’t open it up.”

At the same meeting, Karjola was appointed to finish the rest of Whitney’s mayoral term, by a 3-1 vote in which he voted for himself, as a sitting member on the town council.  

Perry said the space had previously been used to store town records, plat maps and office equipment. The town’s storage had been removed and the walls were painted, with books already moved into the space when it was turned over to Romney.

Karjola said the basement space turned over to the police department was made at Romney’s request. The mayor and police chief had previously shared the same space on the main floor of the Town Hall. 

Romney said Karjola and Councilwoman Judy Bori told him they had concerns about the police chief and mayor working in the same space where they would be able to overhear criminal or employee-related conversations. Romney said he told Bori and Karjola he believed that could be a concern.

When asked about ADA accessibility concerns in moving the town’s only full-time officer into the basement, Karjola said there was not. 

“No, because if …  he needs to speak with anybody he can go out to them or he can always use my office if he needs to,” Karjola said. 

 Perry said she had plans to construct a wooden ramp to create wheelchair access to the basement and reached out to the state Division of State History about an ADA exception for the Town Hall, which previously served as a school. 

In a March 12 email, state historic architect Donald Hartley said the ADA would require “alternate compliance” if a person can’t access the library’s physical location. The accommodations would include providing curbside service or home delivery of books, or providing materials through the internet. 

“In the case of the Stockton Town Hall, the ramp on the east side of the building makes the upper floor level accessible for town services, the court, a restroom, and the museum,” Hartley’s email said. “Since the upper floor is accessible, library workers could easily confer with patrons and make library materials and other services available on the accessible level.”

Hartley also said the town could construct a modest addition, such as ramps or a wheelchair lift, but it would not be necessary to comply. 

Karjola said that even if the library met the ADA requirement for compliance, the demands would be arduous. He also cited the lack of nonprofit status for the library and no library board as other roadblocks to hosting it in the town’s basement. 

Karjola said the town has no written records of an agreement with Perry and would need a nonprofit or other entity with which to enter into an agreement. 

Perry said there were multiple conversations with Whitney about using the basement for the library and he cited it in his January farewell letter, in which Whitney mentioned the Stockton Legacy Library.

“The basement of the building in (sic) currently in process of becoming a Community Center and “Stockton Legacy Library” through the efforts of Town residents led by Naomi Perry and her family,” Whitney’s letter said. “These individuals have worked diligently to establish a Non-Profit Organization to obtain supplies and books, and restore dilapidated storage rooms into clean, organized and usable space for the Town of Stockton.”  

At the Oct. 11 meeting, the long delay on opening the library was mentioned by Bori and Karjola. The library was supposed to open in December 2017 or January 2018, but did not. 

Perry said a difficult pregnancy, which completed with a cesarean section delivery at the end of June, kept her away from work on the library for several months. She said there has been difficulty getting volunteers for the library board and wanted the board in place prior to applying for nonprofit status. 

While she wasn’t able to complete construction related work during her pregnancy, Perry said she focused on administrative tasks. She applied for and received recognition with the state Department of Heritage and Arts for the town hall as a historic building on Oct. 25. 

After discussion at the Oct. 11 meeting, Bori made a motion to discontinue housing the library and its belongings in the basement. The motion, seconded by Councilwoman Vicki Nash, passed in a 3-0 vote, with councilmen David Nutzman and Nando Meli abstaining. 

On Oct. 15, Perry was given a letter, which gave her 30 days to remove the library’s items from the basement, including books, shelving units, computers, and other property. Any items not removed in a timely manner could result in the town taking possession of the property and disposing of it, the letter said. 

Karjola said if Perry is able to provide the documentation the town requires, including nonprofit status, a library board and business plan, she’s welcome to bring a proposal before the town council.

“I don’t know anyone who doesn’t want this,” he said. “I mean, she’s trying to do a great thing for the community.”

Karjola said he can’t expose the town to the liability of having a group operating in a public building without a signed agreement and possible ADA concerns. 

“I wish people would take the emotion out of it and understand that we have to do things the right way in order to protect the citizens of this town,” he said. 

For Perry, removing more than a year’s worth of effort is heavy-hearted work. She said the library received donations of books, paint and other construction supplies from Home Depot and Walmart, wood flooring from the Stansbury Library, and labor for shelving and other improvements from Eagle Scout projects. 

Old carpeting was removed in the basement and disposed of to make way for tile, according to Perry. 

“It was hundreds of hours we were down there,” she said. “We had a lot to clean up. We had a lot to move.”

Now all of the books and supplies are destined for her garage, until she finds another home for the library in the town. 

 

Veterans Day events on tap for Tooele City

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The nation’s military service members and veterans will be honored in Tooele City this Saturday, prior to the Veterans Day holiday on Monday. 

The day of remembrance will begin with a breakfast at 9 a.m. at the Tooele National Guard Armory, which is open to the public. 

A celebration and full program will follow at the armory, hosted by the Tooele Elks Lodge. The program is expected to last approximately one hour. 

Following the program, there will be an unveiling of a bronze veteran sculpture, created by Dan Snarr and presented by the Life’s Worth Living Foundation. The statue, which is 13 feet tall on a 10-foot pedestal and valued at $250,000, will be unveiled at 2 p.m. at Tooele City Veterans Memorial Park. 

Snarr, of Stansbury Park, based the statue on World War II veteran and purple heart recipient Robert Calder. It is the twin of a statue of Calder commissioned by his family and placed in Garden City, Utah, near his home.

The statue is intended to raise awareness of veteran suicide. According to a U.S. Department of Veterans Affairs report released in June, there is an average of 20 veterans who die by suicide each day. 

After the statue is unveiled, there will be a free concert in the park by country recording artists J. Marc Bailey and Jamie Lee Thurston. The concert is scheduled to run from 3 p.m. to 4:30 p.m.

There will also be antique military vehicles at the park and booths from various veterans organizations on Saturday.

 


Police join No Shave November to raise funds for Shop With a Cop

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Hansen is paying for the privelege of growing a goatee to help raise funds for the program.

Hansen is paying for the privelege of growing a goatee to help raise funds for the program.

If you see a Tooele City police officer with facial hair or a blue streak in their hair, it’s not the department loosening up its standards — but it is for a good cause. 

Officers have the option of participating in No Shave November, but there is an associated buy-in cost. Tooele City Police Chief Ron Kirby required any officer who participates to donate $100 to the Shop With a Cop fund, which benefits families in need at Christmas. 

“He didn’t want it to be so low that officers were doing it just to grow facial hair,” said Tooele City Police Sgt. Jeremy Hansen. “He wanted there to be purpose behind it.”

Other local agencies, including Grantsville City Police Department and Utah Highway Patrol, have done similar fundraisers in the past. 

Hansen said there are about a dozen male officers growing facial hair and two female officers putting a blue streak in their hair as part of the fundraiser. All told, the No Shave November fundraiser is expected to bring in $1,400. 

While Kirby was willing to relax standards for a good cause, all officers are expected to be clean shaven their first shift following Shop With a Cop on Dec. 15, Hansen said. 

The popular Tip a Cop fundraiser, where local police work as servers, will return this year as well. Tooele City police will hold their Tip a Cop at Jim’s Restaurant, while Grantsville City police will be at Casa Del Rey, according to Tooele City Police Detective Nick Cutler.

“They’re very excited to host it again and have expressed that to us,” Cutler said, of the host restaurants.

The dates aren’t set for Tip a Cop yet, but it is traditionally the first week in December.

The Tooele Walmart is expected to donate artificial Christmas trees to recipients of the Shop With a Cop program. 

Hansen and Cutler said Shop With a Cop is an opportunity for officers to have a positive interaction with children, who may have had challenging interactions in the past. 

“They get to see a police officer in a different light and in a friendly environment,” Cutler said. “And I think that’s the beautiful thing about it.” 

Hansen said the few hours of eating breakfast at the Travel Centers of America in Lake Point, and shopping at Walmart with children from the community, allows officers to take on a mentorship role and build a personal relationship. 

“It reminds me of why I got into this career,” he said. “It’s not just for the action and everything else. It’s legitimately helping people in need.”

 

Stansbury Park man charged with felony tax evasion charges

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A Stansbury Park man is facing 11 felony charges after he allegedly didn’t pay some or all of his taxes for several years. 

Raymond Smith Park, 57, is charged with five counts of second-degree felony tax evasion, five counts of third-degree felony failure to render a proper tax return, and one count of second-degree felony pattern of unlawful activity. 

A criminal investigator with the Utah State Tax Commission reviewed tax records for Park between 2013 and 2017, according to a probable cause statement. Park is a licensed master plumber, who worked for several different businesses over 33 years. 

Federal Internal Revenue Service records show Park was issued W-2 forms from those various businesses during the five-year span. The records also indicate Park received unemployment and proceeds from real estate sales at the time. 

The tax commission investigator also reviewed Park’s bank statements through a subpoena, which showed deposits from the identified sources, the statement said. They also found minimal deposits not reported to the IRS. 

In the years in question, from 2013 to 2017, Park made a gross income of between $27,649 and $78,035, according to the statement. The amounts all exceeded the requirements to file federal income tax returns. 

Since his income met federal income tax filing requirements during those years, Park was required to file state income tax returns as well, the probable cause statement said. State tax records showed Park did not file state income tax returns in 2014, 2015, or 2017. 

For his returns in 2005 through 2011, 2013 and 2016, Park failed to report wages, retirement income and gain in the sale of real estate, the statement said. In those returns, aside from 2009 and 2016, Park submitted a substitute W-2 in which he reported zero wages. 

Park also submitted a letter in his 2013 return that stated he didn’t have to pay taxes on wages because he is not a federal employee, according to the probable cause statement. 

Investigators interviewed Park on Aug. 23, and he admitted to preparing, signing and filing the returns in 2013 and 2016, the statement said. He also admitted to signing and preparing the substitute W-2 forms claiming no income, writing the letter in the 2013 return and teaching his wife to file returns in the same manner. 

The state tax commission had previously audited Park twice on fraudulent returns and he appealed both audits, the statement said. He argued he was not a federal employee or engaged in a trade or business so his wages were not taxable. His arguments were rejected and the audit upheld. 

Between Oct. 1, 1992 and Aug. 6, 2018, the state tax commission sent Park approximately 67 letters, filed 19 tax liens and filed eight garnishments in an effort to get Park to comply with tax requirements, the probable cause statement said. 

During the years investigated, 2013 to 2017, Park’s tax deficiencies were $2,573, $1,015, $2,891, $780 and $2,368, respectively. 

Park is scheduled to make an initial appearance in 3rd District Court in Salt Lake City on Dec. 4 at 8:30 a.m. before Judge Amber Mettler.

 

5-time Olympic Gold Medalist opens orthopedic practice at North Pointe

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One of the most decorated speed skaters in Olympic history will be expanding his orthopedic practice to Tooele, following a ribbon cutting and open house on Wednesday. 

Dr. Eric Heiden, who won five gold medals at the 1980 Winter Olympics in Lake Placid, opened the newest practice of Heiden Orthopedics in the North Pointe Medical Park. Heiden Orthopedics also has practices in Salt Lake and Park City.

“I think it’s a unique practice in that patients to us are more than just a number,” Heiden said. “I think we really enjoy getting to know our patients and as a consequence, we also really enjoy having open communication with all the health care providers in the community.”

Drs. Daniel Gibbs and Enrique Feria will be based out of the Tooele practice. Gibbs specializes in hip, knee and shoulder surgery, while Feria is a foot and ankle specialist. 

Gibbs said Heiden Orthopedics takes care of any issues relating to muscles, bones, tendons, and joints from the neck down for athletes and non-athletes. He said physical therapy and injections are part of the treatment options at the practice. 

“We’re not just surgeons,” Gibbs said. “We employ a lot of non-operative, minimally invasive injections and different techniques to try to help people get back to doing the things they want to do.”

Feria, who recently finished his fellowship at University of California Davis Medical Center, said the doctors will make themselves available to patients at all hours and want to work with them on their treatment and recovery. 

“We want this to be a back and forth relationship,” Feria said. “So not just us telling a patient what they need to do. We work together to come up with a plan.”

Attendees of the open house were given the opportunity to view the five Olympic gold medals Heiden won in a single games. In 1980, Heiden won every speed skating event from the 500 meters to the 10,000 meters. 

Heiden grew up in Wisconsin and cited the frozen lakes and frigid winters in his decision to get into speed skating. 

“There’s a lot of outdoor winter activities,” he said. “Skating is a big one. Speed skating and hockey are the two kind of big things that go on in the wintertime in Wisconsin.”

Following the 1980 Winter Olympics, in which his sister, Beth, also won a speed skating bronze medal in the 3,000 meters, Heiden became a professional cyclist. He was a founding member of the 7-Eleven Cycling Team and rode in the Tour de France in 1986.

Heiden first came to Utah during the 2002 Winter Olympics, as a doctor with the U.S. speed skating team. After spending a month in Salt Lake, Heiden said he was pleasantly surprised with the community, amount of outdoor activities and family-friendly environment. 

Heiden and his wife, Karen, who is a hand, wrist and elbow orthopedic surgeon, moved to Utah in 2006 to work at the The Orthopedic Specialty Hospital in Murray. They founded their own practice in 2008.

Heiden said he was familiar with Tooele County through cycling events like the Tour of Utah and races at Utah Motorsports Campus, as well as Park City High School football games in the county. 

“An opportunity seemed to exist and we took advantage of it,” Heiden said. 

Heiden Orthopedics is located at 2356 N. 400 East, in Building B of the North Pointe Medical Center complex. It is open Monday through Friday, from 8:30 a.m. to 5 p.m.

 

Grantsville City Council increases opt-out dates for recycling program

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Grantsville residents will now have two opportunities to opt out of the city’s recycling program after the City Council approved an ordinance during its meeting Wednesday night. 

The amendment to the city’s municipal code will allow residents to opt out twice a year, between Jan. 1 to Jan. 31, and June 1 to June 31. Any termination of service outside the bi-annual opt out periods will result in a $75 fine.

All new residents of the city are automatically enrolled in the recycling program, but have the option to opt out within 45 days, according to city code. 

Councilman Tom Tripp said there is no demand or market for recyclable materials beside metal. A 2018 National League of Cities guide found prices for corrugated cardboard, mixed plastic, residential paper and mixed paper fell dramatically from January 2017 to July 2018. 

In January and March, China passed an import ban on certain mixed materials and began to enforce stricter limits on contamination in recyclable materials, respectively, according to the NLC guide. The ban specifically targeted mixed plastic and mixed paper, which are the bulk of materials processed in municipal recycling systems. 

“It’s going to the landfill,” said Grantsville City Mayor Brent Marshall, of the city’s recyclable materials. “And the worst of it is, is you’re separating it and we’re paying more money to haul it to the same place that it’s going.”

Grantsville City Finance Director Sherrie Broadbent said the city is now paying $75 per ton to have its recycling hauled away. Since the recycling is sorted prior to being sent to the landfill, it’s more expensive than simply sending the material straight to the dump, she said. 

The City Council approved the ordinance by a 4-1 vote, with Tripp making what he called a “symbolic” no vote. He said the language in an ordinance was an improvement but would rather see a repeal of the city’s recycling program. 

“I hate to have people pay money for something they’re not doing,” Tripp said.

Councilwoman Jewel Allen, who made the motion to approve the ordinance Wednesday night, said she didn’t want the city to rush a decision on the future of the recycling program. 

“I think we should just be really mindful about this,” Allen said. “… I just mean that it’s a lot harder to start it again.”

Marshall said the recycling program would be revisited during the city’s budget process.

 

Heber City, Tooele men charged with unlawful sexual activity with minor

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Two men are charged with a felony after they both allegedly had sex with an underage girl.

Andrew James Butler, 20, of Heber City, and Nickolas Tayler Elmer, 21, of Tooele, were charged with third-degree felony unlawful sexual activity with a minor in 3rd District Court on Oct. 17. 

A Tooele City police officer responded to a child abuse and neglect report from the state Division of Child and Family Services on Feb. 13, according to a probable cause statement. 

A Tooele City police detective interviewed the victim, who said she was 14 years old when she was raped by Butler, the statement said. The victim said this occurred in the spring of 2017, and she believed Butler was the father of her child. 

The victim said she was also sexually active with Elmer at the time, but a paternity test determined he was excluded as the father, the statement said. She said she wanted Butler to pay child support. 

The Tooele City police detective interviewed Butler, who admitted to having sex with the victim in December 2017, when the victim was 15 years old, the statement said. The detective obtained a warrant and submitted Butler’s DNA for a paternity test, which excluded Butler as the father of the victim’s baby. 

The detective also interviewed Elmer, who admitted to having sex with the victim when she was 15 years old and he was 20 years old, according to the probable cause statement. 

Butler and Elmer are scheduled to make their initial appearances in 3rd District Court on Nov. 20 at 8:58 a.m. 

 

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