Utah Attorney General’s Office reviewing alleged sexual assault case involving Roy Police officers

SNOWBIRD, Utah (ABC4) – New information about the investigation into Roy Police detectives who were placed on leave amid a sexual assault investigation has been revealed through a records request. Officials have confirmed that the Utah Attorney General’s Office is reviewing the case.

According to the Salt Lake County Sheriff’s Office records and reporting unit, the case has been submitted to the Utah Attorney General’s (AG) Office for screening and “potential prosecution.” The Salt Lake County District Attorney’s Office previously declined to file charges because the case did not meet “the legal and ethical requirements for a criminal prosecution.” 

The Utah AG’s Office stated that they have received the case and are reviewing it based on Utah code 67-5-1(2)(b), but declined to comment further.

Documents acquired by ABC4 through a Government Records Access and Management Act (GRAMA) request revealed more about the investigation and the incident that occurred, including one of the Roy detectives telling a sheriff’s deputy that the alleged victim “couldn’t handle her alcohol.”

Initial response to Snowbird

According to documents acquired by ABC4 through a Government Records Access and Management Act (GRAMA) request, multiple units from the Salt Lake County Sheriff’s Office (SLCSO) were dispatched to a medical call at Snowbird after midnight on May 15.

When deputies arrived, they were unable to locate Snowbird Public Safety or Unified Fire Authority units on scene. The report states that they received minimal information about what was going on, but dispatch eventually contacted them and stated there was a possible sexual assault.

The responding deputies traveled to The Lodge at Snowbird, where they made contact with a Snowbird Public Safety officer. The officer stated that they had responded to reports of a “female in distress” and located her “intoxicated and immobile” on the floor of the men’s bathroom.

At this point, the SLCSO deputies asked to see the bathroom and investigated the area. The bathroom was connected to a sauna, and detectives captured photos and secured the room with crime scene tape. The hot tub area was photographed as well, and several beer cans were seen in the trash and recycling bins nearby.

Another sheriff’s deputy responded to the hospital where the victim was taken at the same time the other deputies were investigating the hotel. He spoke with the crew who had transported the alleged victim to the hospital. The crew stated the victim told them she believed she was sexually assaulted. A sexual assault DNA kit was collected.

According to the statement of the crew, they had located the victim partially clothed in the bathroom, intoxicated, and struggling to communicate. The victim reported to another officer that she had been “inappropriately touched and sexually assaulted” and was in extreme pain. She stated that she only had one drink.

A statement from a friend and colleague of the victim revealed that the group had been at the Lodge for a symposium put on by the Children’s Justice Center that they work with. She said that it was a large conference that included employees from various agencies, including law enforcement.

Statements from Roy detectives and witnesses

Statements and DNA evidence were collected from all individuals present at the Lodge when the incident allegedly happened. One deputy observed that the Roy detectives smelled clean, not like sweat from the sauna or swimming pool water. The first Roy officer he spoke with had freshly showered and said his friend was in the shower now.

The SLCSO deputy retrieved statement forms from his vehicle and returned to the room. Two other officers came to the room, also appearing freshly showered. The deputy stated that one of the individuals became confrontational and said he didn’t want his name or statement going into an official report.

The confrontational detective was told that it was too late, and he needed to fill out a statement. At that point, he stated that the whole thing was “bulls–” and said he “can’t believe this is all because a woman ‘can’t handle her alcohol,’” according to the documents.

While he filled out the statement, the confrontational officer “made a point to mention multiple times that they are detectives from Roy PD” and that “this is what we do for a living,” the deputy’s report stated.

One of the detectives told the SLCSO deputy that he had showered because the woman had gotten vomit on him and willingly turned over his swimsuit. The confrontational officer reportedly continued to make statements about the victim “not being able to handle herself” and expressing concern that the case would make its way to his police administration.

After the deputy collected statements from the four men, he went to speak with another woman who was present in the sauna with the alleged victim and Roy Police detectives. The woman stated that she had left the sauna while the victim and detectives were all inside, and didn’t have any weird feelings about it. She also stated that the victim had been consuming “a lot of alcohol,” but she didn’t know her that well.

Current state of the investigation

Four officers were initially placed on leave during the investigation, but one was cleared of involvement and returned to work on May 23.

On June 18, investigators with the SLCSO presented their findings to the Salt Lake County District Attorney’s Office. On July 14, the detective received letters from the DA’s Office, declining to file charges against the four officers. 

“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.

That day, the SLCSO detective contacted the Utah Attorney General’s Office to review the case. They asked for a copy of the case file, and it was sent by the detective.

Also on July 14, the Roy Police Department confirmed to ABC4 that the remaining officers would stay on leave as they conducted an internal investigation.

As aforementioned, the Utah AG’s Office stated that they have received the case for screening, and are reviewing it based on Utah State Code 67-5-1(2)(b), which states that the AG may review an investigation and file criminal charges if the district attorney declines to file criminal charges and a law enforcement agency requests a review.