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Ten felony drug cases soon may be dismissed in Escalante because the southern Utah city's former police chief — and lone officer — is refusing to testify in the cases.
Kevin Worlton has been subpoenaed to testify in the cases, according to a news release from the Garfield County Sheriff's Office, but he has objected, saying that testifying may violate his own rights against self-incrimination.
The 47-year-old lawman was charged March 16 in 6th District Court with two second-degree felony counts of false or inconsistent material statements and one misdemeanor count of official misconduct. Investigators from the Utah attorney general's office claim in court papers that Worlton made false statements against suspects in drug investigations.
Garfield County Attorney Barry Huntington said in the sheriff's office statement, "If Mr. Worlton, who was the lead officer in these cases refuses to testify, I have no choice but to dismiss them."
The Escalante City Council voted to terminate Worlton's employment three days after the charges were filed against him, according to council minutes. He had been on paid leave since January, when the attorney general's office began its investigation.
Neither Worlton nor his attorney, Heidi Bogus, returned calls seeking comment Wednesday.
Bogus filed an objection to his subpoenas in several drug cases filed between August and October of last year, according to court records. The defendants in those cases are charged with various felony crimes, including possession of a controlled substance, possession of a firearm by a restricted person and retaliation against a witness. None of the cases had been dismissed as of Wednesday afternoon.
Investigators allege that while in the process of investigating five people involved in a drug case last December, Worlton submitted and swore to contradicting probable-cause statements.
In one statement, Worlton wrote that he did not give a suspect a Miranda warning, but that the female suspect, identified as D.S., "was not in custody" when she made incriminating statements. But in a different probable-cause statement for a warrant to search another Escalante home, Worlton allegedly wrote that statements made by D.S. were "post-Miranda."
While searching the home indicated in the second probable-cause statement, Worlton interviewed another woman. Investigators said that in the interview, Worlton asked the woman whether a suspect identified only as J.R. was selling drugs or giving drugs to anyone, to which the woman replied she had "no clue."
But in J.R.'s arrest documents, Worlton allegedly wrote that the woman said J.R. had given marijuana to an acquaintance.
Worlton arrested six people in the two days surrounding the drug investigation on "charges ranging from first-degree felonies to class B misdemeanors," investigators wrote. Four of those suspects pleaded guilty less than a week later.
But, according to the official misconduct allegation, Worlton wrote just one police report regarding all six cases — and only after the four suspects pleaded guilty.
According to court records, the four suspects who had pleaded guilty were allowed to withdraw their pleas in February. All are scheduled to appear in court next week.
Worlton is scheduled to be in court on his own charges May 21, when he is expected to indicate if he wants a preliminary hearing.
Escalante Mayor Jerry Taylor has said Garfield County sheriff's deputies are policing the town of nearly 800 residents in Worlton's absence.
Twitter: @jm_miller