Tooele County Attorney's Office

Tooele County Attorney's Office The Tooele County Attorney will periodically post information on legal matters.

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07/12/2023

July 12, 2023

OFFICIAL STATEMENT FROM
SCOTT BROADHEAD, TOOELE COUNTY ATTORNEY:

Colin Jeffrey (CJ) Haynie was sentenced today for the killing of his mother, Alejandra, and his three siblings, Alexis, Mathew, and Milan, as well as for the attempted killing of his father, Colin. Because Mr. Haynie was 16 years of age at the time of the crime, the sentence for each crime is 25 years to life in the Utah State Prison. The judge ruled that each of the four murder sentences run consecutive to one another, while the attempted murder sentence will run concurrent to the others.

On January 17, 2020 at approximately 1 pm, Mr. Haynie shot his mother, Alejandra, four time to the head chest and then shot his 12-year-old sister, Milan, once in the head. He then waited for his 15-year-old sister, Alexis, to come home from school. At approximately 3 pm, Mr. Haynie shot Alexis five times to the head and neck when she came home. He then waited for his 14-year-old brother, Mathew, to come home. At approximately 5:15 pm, Mr. Haynie shot Mathew one time to the head when he came home from a birthday party. He then waited for his father, Colin, to come home from work. At approximately 6:15 pm, Mr. Haynie attempted to kill his father. He shot him one time in the leg as they struggled over the gun.

We thank all of those who have worked on this difficult case. In particular, the Grantsville Police Department performed great work in investigating and helping prepare this case for prosecution. We also thank the other agencies in Tooele County for their assistance and the spirit of cooperation that exists among our policing agencies.

07/19/2022

This morning Colin Jeffery Haynie pled guilty as charged to the murders of his mother, Alejandra Haynie, and three of his siblings: Maylan (12), Alexis (17) and Mathew Haynie (15). He also pled guilty to the attempted murder of his father, Colin Haynie. The guilty pleas are to four counts of Aggravated Murder, first degree felonies, and one count of Attempted Aggravated Murder, a first degree felony. Because Mr. Haynie was 16 years old at the time of the offense, the maximum penalty for each count is an indeterminate prison term of not less than 25 years and may be for life. Sentencing is scheduled for December 7, 2022.

04/07/2022

The following is an update of some of the issues and events going on with the Tooele County Attorney’s Office related to criminal prosecutions in Tooele County.

With the recent loosening of the COVID-19 restrictions, the courts are working to return to a more “normal” way of operating. The courts are scheduling more in-person jury trials and other substantive hearings. We have 13 jury trials scheduled in the next four months. Because of the time constraints on the court calendar, I suspect that only three or four of those will be held as scheduled.

We are working on the prosecution of three homicide cases, as well several homicides which are under investigation. The Aragon murder trial is scheduled for trial starting July 11th. The January trial was continued at the last minute because the defense attorney had recently contracted Covid-19. A potential disposition may occur at the hearing scheduled for May 3rd in the Haynie multi-murder case. The Eggett murder, which occurred near Faust, is scheduled for a four-day preliminary hearing starting August 24th.

There are numerous other serious cases involving child abuse, s*xual assault, domestic abuse, financial crimes, and automobile homicide which are moving forward at a quicker pace now that in-person hearings are being permitted.

Two cases that I am asked about often are the Stansbury Park Service Agency embezzlement case and the Grantsville High School s*x abuse case. The Schmidtke case is set for a scheduling conference for May 3rd. This matter has moved slower than desired because of the complicated nature of all of the financial transactions involved and the ongoing investigation into those transactions. The Harrison case is set for a scheduling conference for May 17th.

I was very busy with the legislative session this year. I am the chair elect of the Utah County and District Attorney’s Association (UCCDA) so I was, and will be in the future, more involved than normal representing our group with the legislature. It seemed like we spent most of the session fighting against bad legislation, but plenty of bad legislation still makes its way through anyway. However, some good legislative fixes were made to many criminal statutes this year.

Finally, on Sunday an episode of On the Case with Paula Zahn aired on the Investigation Discovery channel which covered the Derricott murder case. If you are interested, it is called Hammer and Dust, season 24 episode 7, on Investigation Discovery Channel or streaming on Discovery+. It was good to see those involved with the case receive some well-earned recognition. Gary Searle, Chris Thompson, and the crime lab did a marvelous job on this case. It was also a good reminder that the loved ones of victim’s continue to struggle with the loss they suffered.

I thank you all for the opportunity to serve my community as County Attorney.

Scott Broadhead, Tooele County Attorney

09/28/2021

Robert Herrera was convicted of three domestic violence assault charges, including one felony, after a two- day jury trial last week. Congratulations to Deputy County Attorney Rob Clegg for his great work on this case. The Tooele City Police Department did a great job of investigating the case and helping our office prepare for trial.

Many thanks to the jury for your service. Your time and dedication is noticed and appreciated.

Mr. Herrera has another felony domestic violence case awaiting trial from an incident in February of 2021. Hopefully we can have a similar outcome.

Our office has had a nice run of success at trial these past few months. It has been an emphasis in our office to improve our trial skills over the past few years. Congratulations to these prosecutors who have trained and worked to become better trial attorneys.

Interesting page from a report to the Legislature about what percentage of each county's budget it allocated to criminal...
09/01/2021

Interesting page from a report to the Legislature about what percentage of each county's budget it allocated to criminal justice.

08/23/2021

After a three-day jury trial, Harold Meik was convicted of Aggravated Assault with Serious Bodily Injury (Domestic Violence), a 2nd degree felony, for stabbing his brother in the stomach outside the Family Dollar store in Grantsville on February 25th. It was our first jury trial since the Covid 19 restrictions have been loosened. The jury reached a fair and just verdict and we thank them for their time and service.

Congratulations to the lead attorney on the case, Wayne Freestone, for his fine preparation and presentation. He worked very hard on this case and enlisted the help of Rob Clegg and Dallin Littlefield, who provided valuable assistance. It was very gratifying to see all these people working together to achieve this just conviction.

Good outcomes in court start with good investigative work by policing agencies. Grantsville City Police did a great job investigating the case and providing the evidence our office needed to be successful.

Hopefully this will close a sad chapter in the life of the victim. May his physical and emotional wounds heal as well as possible.

08/17/2021

In a prior post from June 21st, I stated that our office charged William Camacho Johnson for selling he**in laced with fentanyl, and thereby causing the death of a 21 year old woman. This potent drug is in our community and has caused numerous overdoses, hospitalizations and deaths in our state. On August 10th, Mr. Johnson plead as charged to Manslaughter, a second degree felony, for recklessly causing the death of this young woman by selling her the fentanyl laced he**in knowing it was potentially lethal. He will be sentenced on September 28th.

The Tooele County Major Crimes Task Force did a fantastic job on investigating this case and providing our office with the evidence we needed to successfully prosecute Mr. Johnson. A fine job by a team of officers and Rob Clegg from our office.

06/21/2021

The following is an update of some of the issues and events going on with the Tooele County Attorney’s Office related to criminal prosecutions in Tooele County.

Approximately 80-85% of the work hours of the office are dedicated to the prosecution of the crime in the district, juvenile and justice courts with the remaining time dedicated to representing the County on various civil matters. With the recent loosening of the COVID-19 restrictions, the courts are working to return to a more “normal” way of operating. Details are being worked out and will likely evolve over the next few months. The courts will continue to handle most hearings online. However, the courts are scheduling in-person jury trials and other substantive hearings.

We are working on the prosecution of four homicide cases, as well some unsolved homicides. The Aragon murder trial is scheduled for a two-week trial in January. A hearing is scheduled for July in the Haynie multi-murder case, after which we will be able to schedule more substantive in-person hearings to advance the case forward. The Eggett murder, which occurred near Faust, is ready for in-person substantive hearings. Our office recently charged an individual with selling he**in laced with a lethal amount of fentanyl and thereby causing the death of a young woman. This fentanyl laced he**in is in our community and has caused numerous overdose hospitalizations recently. Finally, there are at least three active ongoing investigations of unsolved murders.

There are numerous other serious cases involving child abuse, s*xual assault, domestic abuse, financial crimes, and automobile homicide which are likewise ready to move forward now that in-person hearings are being permitted.

In addition to the cases above, the Major Crimes Task Force has been doing impressive work in arresting some major drug dealers in our community. These officers do not receive enough credit for the work they do to keep our community safer.

I hope you all have a great summer. I thank you all for the opportunity to serve my community as County Attorney.

Scott Broadhead, Tooele County Attorney

11/25/2020

The following is an update of many issues and events going on with the Tooele County Attorney’s Office. I have considered doing an update like this for a while and I hope to do so regularly in the future.

Approximately 80-85% of the work hours of the office are dedicated to the prosecution of the crime in the district, juvenile and justice courts with the remaining time dedicated to representing the County on various civil matters. Because of the COVID-19 restrictions, the courts are working at a slower pace than normal. The Third District Court (Salt Lake, Tooele and Summit) have always been more restrictive with its health protocols than the Governor’s guidelines over the past months. Although we have all adjusted to doing most hearings online, we have yet to have a jury trial in our district. So, the more serious and complicated cases have been delayed, as well as any case in which the defendant has requested a jury trial.

We are working on the prosecution of four homicide cases. The Aragon murder trial has continued to be delayed because of the defense requests and COVID-19 issues. Our office is ready to proceed and has been for many months. A preliminary hearing is scheduled for January in the Haynie multi-murder case. There has been a lot of evidence processed by the crime lab and other evaluations performed over the past few months and believe that the parties are about done with the discovery phase of the case. The Eggett murder, which occurred near Faust, is in its early stages. Two of the three defendants have been charged with aggravated murder and the third defendant with murder. Finally, we are in the early stages into the investigation of the recent murder of Vincent Beazel in Soldier Canyon.

Our office reviews and prosecutes approximately 1500 cases per year of various other criminal offenses. We are carrying forward on our “normal” prosecutions of s*x offenses, thefts, DUI’s, assaults and property crimes, etc. In addition, the investigation of the recent officer involved shooting near Costa Vida is ongoing.

The State through the legislature, courts, and prison and supervision systems have pushed the vision of lowering incarceration and focusing on rehabilitation. A recent report to the Legislature by the Legislative Auditor’s Office found the incarceration rate has been reduced but the recidivism rate has increased. The report determined that this result was due to the Legislature not adequately funding alternative programs such as community supervision (probation programs), substance abuse programs and mental health programs. Frankly, I don’t think the findings of the report were surprising to anyone in the law enforcement community. As we are preparing for the next legislative session, the county attorneys and city attorney prosecution groups will again be advocating for more funding of these alternative programs, as well adjustments to sentencing guidelines.

As for the civil part of our office, we are busily working on the ordinance and policy revisions for the change in form of government. This is an enormous amount of work that will be going on for months, so please be patient. There are many other ordinances that we have been working on recently such as the animal ordinance, planned unit development (PUD) ordinance, and the administrative hearing officer program.

The County has a few lawsuits pending. The South Rim gravel pit case is working its way through the court. The central issue in the case is whether the Southside gravel has a legal nonconforming right (grandfathered right) to extract gravel. The County’s position, as determined by the County Commission, is that the court must decide that issue and the County will follow and enforce the decision of the court. The Ophir Canyon public/private road case has been stalled by the COVID-19 delays and the change in members of the County Commission/Council. We hope to make progress on that case in the next few months. The case involving the Sunset Acres development should be dismissed soon because the applicable referendum petition was unsuccessful. Finally, the County is a small player in the lawsuit regarding the “Brown” annexation into Grantsville City because the boundary commission, which issued the decision, is a County entity.

My philosophy is to solve problems when they are small and to avoid litigation if possible. Courts are unpredictable and judges are every bit as unpredictable as juries. It is better to compromise a little, achieve certainty and avoid risk to the County. Our current Commissioners share that philosophy and have done a good job of resolving potential legal issues and current claims. However, most of the recent lawsuits have placed the County in a situation that it would be sued no matter what decision it made; one party or the other would have sued the County. Fortunately, the County is in a good position at the moment on civil claims against the County and potential liabilities.

Over the past year or so there were a number of referenda petitions and annexation disputes brought by some Erda residents. There are no referenda pending now. The annexation issues are still pending, but the County does not have much active participation in these issues. Now that Erda voted in favor of incorporation and its government will be in operation in January 2022, the County’s involvement with these types of issues will be greatly reduced.

Tooele County has been the hot-bed of referenda petitions in the state and we have become some of the experts on these issues. Our office has prepared proposed changes to the definitions and processes of the referenda statutes. Rep. Nelson has taken some of the suggestions and is proposing legislation to improve and clarify some issues in the current referenda statutes. We will be supporting his efforts in making some of these necessary changes.
As for the Tooele Valley Temple, I have no new information to pass on. As I understand the Church’s position, it will continue to monitor the status of the various annexations, land use lawsuits, referenda petitions and incorporation issues and then determine the best course of action. It believes the coming of the temple should be a positive experience for the community rather than a source of contention between its members and citizens of the County.

I hope you all have a great holiday season. I thank you all for the opportunity to serve my community by doing something I care so much about.

Scott Broadhead, Tooele County Attorney

10/05/2020

Additional Statement from Scott Broadhead, Tooele County Attorney, Regarding the Tooele Valley Temple Project Referendum

The following is an addition to my statement of September 25, 2020 regarding the Tooele Valley Temple Project referendum. On September 30th, the Church sent notice that it is formally withdrawing its application to rezone the property. Therefore, no vote on the referendum will occur. The property owner is permitted to withdraw its application pursuant to Utah Code Ann. 17-27a-508(5)(a). After the Third District Court issues the final order declaring the referendum petition sufficient, the County will process the Church’s withdrawal request.

The Church’s withdrawal request is not a surprise. The Church is evaluating its development options for this site, as well as other potential sites in the valley. There are various petitions for annexation and incorporation pending, as well as lawsuits and land development referenda, which make for an uncertain environment for the project. My understanding is that the Church may decided to wait until some of these issues are decided before finalizing a plan for the Tooele Valley Temple Project.

Statement from Scott Broadhead, Tooele County Attorney, with the approval of Marilyn Gillette, Tooele County Clerk, Rega...
09/25/2020

Statement from Scott Broadhead, Tooele County Attorney, with the approval of Marilyn Gillette, Tooele County Clerk, Regarding the Tooele Temple Project Referendum

In response to many inquiries and questions about the Temple Project referendum, we have prepared the following brief history and statement.

On June 2, 2020, the Tooele County Commission approved Ordinance 2020-16, which is an application by Suburban Land Reserve on behalf of the Church of Jesus Christ of Latter-day Saints (“Church”) to rezone 167 acres of land on the corner of Erda Way and SR-36 from the RR-1 zone to the Planned Community (“P-C”) zone. The P-C zone allows for a mixed use of residential, commercial, recreational, and light industrial uses. The Church’s plan entailed the construction of the Tooele Valley Temple with a housing development and recreational uses surrounding the new temple.

On June 9, 2020, a group of citizens filed an application for a referendum seeking to overturn Ordinance 2020-16. Shortly thereafter, the Tooele County Clerk provided the due date of August 21, 2020 to return the required number of valid signatures. She also provided the number of valid signatures required for the referendum to be placed on the ballot. The ordinance was determined to be a “local law,” which requires that valid signatures from 9.5% of the active voters in the county be obtained, both in total and in four of the five council districts.

Towards the end of the first week of August, we began to receive inquiries as to whether the signature requirements for the referendum should be based upon the “land use law” standard of 16% rather than the “local law” standard of 9.5%. The Tooele County Attorney’s Office researched the issue and consulted with a handful of attorneys, including counsel from the State Legislature and the Church’s attorney. The consensus opinion was that the definitions in the statute for “local law” and “land use law” are not as clear as they could or should be. Therefore, differing opinions were offered as to the appropriate standard.

On August 13, 2020, I wrote a legal opinion to the County Clerk concluding that the “land use law” standard (16%) was the most likely correct interpretation of the law (see legal opinion below). Based upon this opinion, we decided that the County would use this standard for future referenda. We met with the County Commission and discussed the issue and its application to the Temple Project referendum. The group decided that we could not change the standard given to the sponsors with only 8 days remaining until the signatures were due. I contacted the Church’s attorney and informed him of the County’s position. We discussed whether the Church wished to formally protest or file a legal action. I expressed that I believed that the County should have applied the “land use law” standard. The Church chose not to file a protest or objection at that time.

On Tuesday, August 18, 2020, the Church issued the following statement regarding the Tooele Valley Utah Temple: "We acknowledge the efforts of those who have raised questions and sincere concerns about the Tooele Valley Temple project, including the residential development surrounding the temple. There is a sincere desire on the part of the Church to avoid discord in the community. Therefore, regardless of the outcome of a pending signature-gathering effort, we have determined to withdraw our rezoning request for the residential portion of the temple project. We look forward to working with local officials and community members to determine next steps to move forward with the construction of the temple. We hope those from all viewpoints on this matter will treat one another with kindness, civility, and Christlike love."

As referred to in the Church’s statement, it can build the temple at the planned location without the residential portion of the project. The current zoning for the property allows for the temple to be built on the property regardless of the status of the referendum and it currently has a permit application on file with the County.

On August 26, 2020, the County Clerk determined that the petition was insufficient because two of the districts did not have enough valid signatures. Council District #1 was short by 34 valid signatures and Council District #5 was short by 7 valid signatures.

On September 8, 2020, the referendum sponsors filed a petition for extraordinary writ with the Third District Court challenging the County Clerk’s determination that the referendum petition was insufficient. The sponsors specifically challenged the invalidation of signatures in Council District #5.

The County referred the new claim to its insurance carrier, which recommended that the County hire attorney Robert Keller. After consulting with Mr. Keller, we believed that the Court would likely require a recount of the signatures in Council District #5. The County hired one of its experienced election judges to perform an impartial recount of all signatures in Council District #5. The recount was observed by one of the deputy county attorneys. The recount resulted in several invalid signatures being reversed and the district having 12 more signatures than required.

I informed the Church’s attorney of the results of the recount and that we believed that the referendum petition has sufficient signatures to be placed on an upcoming ballot. I raised the issue of whether the Church wished to intervene in the court case and assert any claims, such as the number of signatures required.

On September 17, 2020, Mr. Keller informed the Church’s attorney that the County intended to file a stipulation with the Court that the referendum petition is sufficient and can be placed on an upcoming ballot. He offered time to the Church to intervene in the court case and object. Mr. Keller also informed the sponsors’ attorney of the County’s decision.

The following day, the Church informed the County in two separate emails that it did not wish to intervene in the court case and did not object to the County’s decision. The Church’s decision is consistent with its prior public statement and desire to “avoid discord in the community.”

The County intends to respect the Church’s wishes. It has publicly stated that it was withdrawing its plans for the residential portion of the development and doesn’t want the contention which has come from this project. Privately, the Church’s representatives have reiterated this position numerous times. Although many in the community want to continue the fight for the temple project for various personal or economic reasons, the Church has clearly stated that it doesn’t want this fight and has not asked or encouraged the County to continue this fight on its behalf.

06/02/2020

Over the past few days I have been processing the many thoughts going through my head about George Floyd’s death and the protests throughout our country. I’ve had a strong impression that I need to say something, as inadequate as it may be. The thoughts I’m about to express are personal and not intended to be “official” or those of my office or County.

As I see these young protesters who are horrified by Mr. George’s death, I have to remind myself that this is a new experience for them. I was raised in southern California and have lived through a few riots in my day. I was likewise horrified when as a young man I saw the video of LA police officers standing around Rodney King beating him with their batons and kicking him. This kind of police brutality was wrong then and it’s wrong now.

I applaud those protesters who peacefully stand up for their beliefs. I applaud those who stand up to protect and defend their rights and the rights of others. Black lives do matter, as well as the lives and rights of all groups. We can do a better job of respecting and defending the lives and rights of all groups whether they be racial, s*xual orientation, religious or political. There is enough room for all of us in this great country.

It is disturbing to see those that take a simple and peaceful message and will distort it with violence and rioting. A good message loses it power when delivered poorly and there are some out there that want to make sure this message is delivered poorly. Many groups exist that sow division, and prosper politically and financially from groups fighting against each other. There are more than enough good people with good will that can advance this message peacefully and achieve real change.

I have worked with law enforcement for over 25 years on both sides of the fence – criminal defense and prosecution. Having worked in the criminal justice system for as long as I have, I know that it’s not always fair and impartial. Minorities and the poor are prosecuted in the system disproportionately and with worse outcomes. Their anger is justified, and their distrust of the criminal justice system is justified. Although good people have worked to erase these disparities, there is much to be done both locally and nationally.

Over the years, I have seen my fair share of bad officers and bad conduct. However, I can say that the overwhelming majority of law enforcement officers are good officers and good people. They chose their careers because they want to protect and serve, not to abuse. They abhor police brutality and those that discredit their profession. I feel the same way about prosecutors that abuse their power and act unethically – get rid of them and stop destroying the reputation of the rest of us and the system we work in. Finding ways to better train officers and root out those that abuse their authority is part of the path forward.

I attended a very racially diverse high school and I know many of my African-American and Latino friends viewed police officers differently than I did. Their experiences with the police were different than mine. I thought the police were the “good guys” and some of my friends weren’t so sure of that. I know many people feel the same way today. Something is wrong when we fear those that are supposed to protect and serve us. I know I can never truly understand what it is like to be racially profiled. I can only relate it to experiences I’ve had when I’ve been singled out and treated differently. It’s not the same, but it is a path for me to better understand how others feel.

In my lifetime I have seen our country come a long way in the fight against discrimination and police brutality. However, there is still much to be done and we can do better. Unfortunately, discrimination and brutality is not just a law enforcement problem. It is a human problem. The world’s history of war, genocide and religious crusades reminds us of this. We need to look at each other as individuals - not as members of some group. We are never going to erase discrimination, but we can reduce it and should work together to do so.

We can’t erase discrimination by discriminating. We can’t erase hate with hate. We can’t erase injustice by injustice. We can only erase these things by love, tolerance and understanding.

Scott Broadhead

Address

74 South 100 East, Suite #26
Tooele, UT
84074

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+14358433120

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