"It just seemed very amateur … to call somebody a terrorist," Eckerlsey said. "Just the fact that they would use that term, which is so incredibly damaging to a human being, much less a professional."
Eckersley admits that there is some bad blood between the pamphlet company and his own digital advertising company, but said he never put his own business ads in the advertising racks as police initially told various media outlets. He said he had no interest in advertising in the same lobby, but was bothered that the brochures remained there without authorization from the three-member HOA board.
"I don't know if I technically did anything wrong," he said. "In a sense, it's as if someone was to leave a couch on your front doorstep. At some point, they shouldn't be surprised to see it tossed."
Eckersley said when he initially saw the brochures, he confirmed with his HOA representative at the Zermatt Resort that the company did not have authorization to put them there. When the brochures weren't removed, he decided to throw them away and left an HOA declaration document in its place, which highlighted the building's restrictions on signs and advertising without permission.
The next day, the fliers were back. So again, he threw them away and left a copy of the HOA agreement.
The third time he saw the brochures return to the rack, Eckersley said he got fed up and threw the entire cardboard rack in the trash.
Weeks later, police officers came to his church and arrested him, Eckersley said. He was booked into jail, and charged in 4th District Court with four counts of second-degree felony commercial terrorism and one count of third-degree felony prescription or use of a controlled substance.
Eckersley said he was surprised that the term "commercial terrorism" was used in charging documents, because the state legislature amended the wording of the charge to "commercial obstruction" during the 2010 session. The charge itself was initially intended to target animal-rights activists who disrupt businesses while protesting, according to previous news accounts.
He said the drug charge stemmed from a single prescription pill in his pocket, and said once he could show police the prescription bottle at home, the charge was dropped.
But Eckersley, a federal immigration attorney, said the damage was done: The initial charges labeled him "a terrorist, a drug user and a felon," and his businesses suffered.
Wasatch County prosecutor Case Wade said "there was no calculated decision" to use the word "terrorism" in Eckersley's charging documents, but said it was the wording inserted by the computer program used by prosecutors to draft charges.
"We had multiple charges that could potentially fit," Wade said. "We felt like a class A misdemeanor would be a good plea result."
But Wade said that in order to reach that desired resolution, prosecutors normally would charge a crime only one step higher. However, because there is no third-degree felony crime dealing with commercial obstruction, Wade said Eckersley was charged with the second-degree felonies instead.
"It wouldn't have been a slam-dunk case at trial," Wade said. "... We always intended to come down [on the charges]."
Wade said there was some confusion about whether the brochures were authorized by the Zermatt's HOA to be in the lobby because there are three HOAs that govern various parts of the property.