Utah police officers disciplined for drug use, having sex on duty
Police • Among charges facing Utah officers: Drug use, sex on duty, electronic harassment.
Published: September 25, 2013 07:53PM
Updated: February 14, 2014 11:34PM
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Francisco Kjolseth | The Salt Lake Tribune The Utah State Prison in Draper shown in this 2010 file photo. A consultant for the Prison Relocation and Development Authority presented its preliminary report on feasibility of moving the Draper facility on Wednesday.

St. George • Utah Department of Corrections Lt. Tolly G. Ivie said he had good reason to beat up that man.

Ivie claimed the man fondled his wife in a tent during a gathering in Payson. When Ivie confronted the man, the man took an aggressive posture and asked Ivie what he was going to do about it, Ivie said Wednesday. Ivie attacked the man, leaving him with serious injuries.

“This is just an unfortunate incident he got the injuries he did,” Ivie told the Utah Peace Officer Standards and Training Council, which met here Wednesday to consider discipline cases and other business.

But Payson police didn’t believe the fondling occurred and thought the wife was covering for Ivie, who admitted he had been drinking that night. At least two other law enforcement agencies were unable to substantiate the fondling.

And so on Wednesday, the council declined Ivie’s request for leniency and revoked Ivie’s certification to be a police officer. Ivie stormed out of the room, slamming a door against the wall as he exited, seconds after the vote.

The council heard 16 other cases Wednesday, including the matter of Jose Ricardo Rosales, who doesn’t even have a job in law enforcement yet.

Rosales recently graduated from the police academy at Weber State University. When he applied for a job with St. George police, he admitted to having committed thefts and burglaries when he was younger. There is no indication he was ever arrested or charged.

So Rosales might have been OK except investigators reviewed his application to the police academy and realized he hadn’t made those same admissions. For falsifying his academy application, the council considered suspending Rosales for two years.

“I would be a great peace officer,” a crying Rosales told the council as he asked for leniency, “and I want to finish what I started.”

The council decided against leniency and imposed the two-year suspension.

Not all accused officers are required to appear before the council and most do not.

The council also revoked the certification of Santaquin animal control and code enforcement officer Derek J. Monahan. Investigators said Monahan was seen loading city-owned cutting blades and other equipment deemed scrap metal on trailer before he sold it. Monahan denied doing so but failed a polygraph test, according to a synopsis given to the council. No criminal charges were filed.

The council revoked Luke Emack’s certification after he entered a plea in abeyance to attempted aggravated assault. On Oct. 6, Emack, formerly of the Beaver County Sheriff’s Office, was backing a car out of a garage when his girlfriend threw a shoe at the vehicle. Emack spun the tires and drove forward quickly and the girlfriend had to jump onto the stairs.

In Carbon County, deputy Christopher H. Basso was caught on video stealing methamphetamine out of the evidence room. He later admitted to ingesting the drugs. The council revoked his certification Wednesday.

The council also revoked the certification of former Summit County deputy Corey Staley. He pleaded guilty in March to a misdemeanor charge of child abuse for choking a 4-year-old boy in his care.

The council gave a three-year suspension to Naples police officer Adam Ray, who was found to have had sex on duty and in his police vehicle while having an affair.

The council issued two letters of caution. One went to a Utah Department of Corrections officer who was cited for fishing without a license. The other went to a South Salt Lake police officer who used law enforcement databases to look up someone he thought posed a threat to his family without reporting the search to the department.

Other cases adjudicated Wednesday:

Jeffrey R. Bigler, Utah Highway Patrol, received a six-month suspension for using police databases to track down his ex-wife.

Jason R. Webb, Utah Department of Corrections, received a one-year suspension for driving while under the influence.

Clint Brandon Downs, also of the Utah Department of Corrections, received a one-year suspension for electronic harassment.

Wesley L. Ervin, of Layton police, received a one-year suspension for DUI.

Todd R. Nielsen, of the Utah Transit Authority police, received an 18-month suspension for driving while under the influence and having an open container.

Nate Costa, of the Salt Lake County Sheriff’s Office, received a three-year suspension for trespassing.

Scott Harper, Davis County sheriff’s office, received a three-year suspension for misusing prescription drugs.

Andre T. Bailey, also of the Salt Lake County Sheriff’s Office, was suspended indefinitely for unfitness for duty. The reasons why he is unfit were not disclosed.

Twitter: @natecalrisle

ncarlisle@sltrib.com