No charges filed against Roy Police officers involved in Snowbird sexual assault investigation

SNOWBIRD, Utah (ABC4) — The Salt Lake County District Attorney’s Office (DA) has declined to file charges against Roy City Police officers who were being investigated for sexual assault. Four officers were placed on administrative leave, but one was cleared of involvement.

According to a declination letter sent to a detective with the Salt Lake County Sheriff’s Office on June 25, the DA’s Office states that the “multiple experienced” prosecutors reviewed the case, and determined that the case does not meet “the legal and ethical requirements for a criminal prosecution.”

Previous information from the Salt Lake County Sheriff’s Office stated that their deputies responded to a medical emergency at Snowbird Resort on May 14, and that incident was being investigated as a possible sexual assault.

More information involving the allegations was also revealed in this letter. The allegation of sexual assault against the officers involved a “hot tub video” and the victim being unconscious during sexual activity that continued in the locker rooms or sauna. The Roy City Police Department said that the officers were there during a “training conference.”

The letter cites the case of “State v. Barela,” a previous case where the Utah Supreme Court ruled that a “[sexual assault] victim need not orally express her lack of consent as long as the lack of consent is demonstrated by or can be implied from her acts and conduct.” The DA’s Office does not believe there is enough admissible evidence to prove this requirement.

“The declination to file this case should not be construed as our office doubting the veracity of [the victim’s] claims, but that the State is unable to meet the high burden of proof beyond a reasonable doubt,” the letter from the DA’s Office reads.

In a statement to ABC4.com, the Roy City Police Department stated that the officers will remain on administrative leave during an internal investigation. The full statement is below.

Today, we received a letter from the Salt Lake County District Attorney’s office stating that they will not be filing charges on the officers who have been placed on administrative leave pursuant to sexual assault allegations during a training conference. We are still conducting our internal investigation and moving through our administrative process. Until such time that can be completed these officers will remain on administrative leave.
Roy City Police Department

MJ Jewkes contributed to this report.