Former Wasatch County Sheriff’s Office employee, accused of sex crimes against a minor, files motion to dismiss charges

WASATCH COUNTY, Utah (ABC4) — Attorneys representing a former employee of the Wasatch County Sheriff’s Office have filed a motion to dismiss multiple felony charges of sex crimes against a minor.

Mitchell McKee, 60, has spent the past year in a legal battle with the state of Utah over charges stemming from his arrest on March 20, 2024.

Initial arrest and charges

On Jan. 4, 2024, McKee was implicated during an interview with a juvenile conducted by the Heber City Police Department. The 15-year-old male told officers he had sent McKee child sexual abuse material (CSAM), and that McKee would pick him up and take him to multiple locations to engage in sex acts, charging documents show.

Police were able to obtain an IP address that was linked to McKee according to court documents. Officers later executed a search warrant of McKee’s home and claim to have found a hard drive in his garage containing “age-difficult” sexual content.

Shortly after, he was brought into custody and charged with 10 felony charges including two counts of human trafficking of a child (first-degree felony) and two counts of sexual exploitation of a minor (second-degree felony), among others.

On May 28, 2025, Mitchell plead not guilty to each of the charges.

Delays in providing discovery materials

During the case, attorneys for the state were asked to provide materials obtained during the discovery phase. Attorneys representing McKee argue that the state has withheld important information.

“The Government of the State of Utah… has impeded the furtherance of justice and caused an unreasonable and unconstitutional delay by withholding exculpatory discovery materials from [the] defense,” McKee’s attorneys said in a motion filed last month.

Beginning on Apr. 1, 2024, attorneys for McKee filed their first request for discovery information. Since then, documents show they filed multiple requests to view photos and body camera footage from the original traffic stop which led to McKee being named in the case. They also requested records from the juvenile’s interactions with police.

The motion alleges that such information was left out of discovery until McKee’s attorneys asked the state to sign an order compelling discovery to be released.

The motion further claims that the state has taken plea negotiations to the “brink of reaching an agreement,” but no agreement has been made.

Motion to dismiss

According to McKee’s motion, the accusations against him stem from the allegations of a single witness, who is also the alleged juvenile victim.

McKee also claims that in a second interview, the juvenile “diverged wildly” from his previous statements.

On July 14, 2025, the court signed an order that the state provide discovery materials “within a reasonable time” regarding the remaining information that was requested. McKee’s motion alleges that no discovery information has been provided since the order.

McKee argues that the state has violated Rule 16 of the state Constitution, which mandates prosecutors disclose to the defendant evidence gathered in the case including witness statements, written or recorded.

Conflicting testimony

McKee’s attorneys also filed a separate motion requesting the testimony of the alleged juvenile victim be excluded from the case on the grounds that the juvenile’s statements are contradicting.

The motion details a moment in the second interview with the juvenile in which he states, “They said his name was Mitch McKee.”

“This reference raises further concerns about suggestive influence and undisclosed third-party contact,” McKee’s attorneys claim. “The timeline of these events… strongly supports the conclusion that [the juvenile’s] testimony was shaped by improper and undocumented influence.”

The state’s argument

ABC4.com is awaiting a statement from the Utah Attorney General’s Office.

At one point during the case, the court signed an order protecting discovery that effectively maintained the interview record remain in the control of the state.

“Interviews may contain personal identifying or location information for witnesses of victims,” the order says. “These portions of the recordings may not be shared with the defendant himself, or anyone other than counsel for the defendant.”

The order was signed over a month before the court signed an order compelling discovery be released with the defense.

Judge Shawn Howell will hear the arguments on Sept. 24, in Provo.

Wasatch County Sheriff’s Office employment

At the time of his arrest, McKee reportedly worked as the administrative services director of the Wasatch County Sheriff’s Office, which is a civilian and “non-certified” position, according to officials.

In a 2024 statement, the sheriff’s office said they were “unaware of allegations involving McKee” until he was arrested. “The severity and seriousness of the alleged offenses cannot be overstated.”

McKee was immediately suspended pending the results of a formal investigation following the arrest.