Prosecutors refile some cases dismissed in West Valley City police scandal

On April 7, Terry Christiansen visited an attorney's office to give a deposition in his lawsuit against West Valley City.

Inside the law offices in downtown Salt Lake City, Christiansen described what he contends was excessive force and the inappropriate touching of his wife when West Valley City police arrested him on suspicion of assault and drug charges in 2012. The criminal charges were dismissed the following year as police and prosecutors became concerned about possible misconduct within West Valley City's Neighborhood Narcotics Unit.

When Christiansen finished his deposition, West Valley City police officers arrested him again. The charges against him had been refiled, and there was a warrant for his arrest.

Salt Lake County District Attorney Sim Gill on Tuesday said he has refiled about 30 of the 100-or-so West Valley City cases he dismissed, including the charges against Christiansen.

"We dismissed these cases, but we've always said we were going to go back and review them," Gill said.

Some of the cases were refiled after new corroboration or witnesses were discovered, Gill said. In other cases, his office decided it could proceed with the existing evidence.

Gill said his office will share with defense attorneys the problems that were found with the investigating officers and the Neighborhood Narcotics Unit. Defense attorneys can then present those problems to a judge or jury.

West Valley City police Chief Lee Russo, who was hired after the problems in the Neighborhood Narcotics Unit were discovered, said he was glad the cases had been filed again, but that it doesn't excuse the conduct that created problems.

"It certainly shows that this wasn't a rogue unit; that there was still good police work going on in it," Russo said.

Following the Nov. 2, 2012, fatal shooting of drug suspect Danielle Willard by a narcotics detective, a city-led probe unearthed a number of problems with the unit, including mishandling of evidence and booking evidence without proper documentation — as well as the possibility of missing drugs and money. The probe also found that seized items, such as loose change or a CD in a seized vehicle, were improperly accounted for and that officers kept "trophies" from drug busts for themselves and for use as training aids.

After the investigation, the then-narcotics lieutenant named in Christiansen's lawsuit, John Coyle, was demoted to a rank-and-file officer. A city panel later overturned that demotion. West Valley City is suing its own panel to reinstate the demotion.

Shawn Cowley, the officer who shot and killed Danielle Willard, was fired for mishandling drug evidence. Six other detectives were disciplined.

Gill's office, beginning in late 2012, dismissed about 100 cases out of concern about the problems in the narcotics unit. Federal prosecutors dismissed at least 27 cases in which West Valley City police were witnesses or gathered evidence.

Christiansen's dismissal became the most prominent because of his subsequent lawsuit against West Valley City. According to court documents, a West Valley City detective received information about drugs being sold at Christiansen's residence. On Oct. 26, 2012, Coyle and another detective went to the home to speak with Christiansen.

While speaking with Coyle, charging documents in the criminal case say, Christiansen became nervous and reached for his waistband. Coyle saw him remove a clear vial and ordered Christiansen to show his hands. The documents say Christiansen ran toward the back of the home. A struggle ensued.

Christiansen was charged — and is now recharged — with felony counts of aggravated assault, unlawful possession of a weapon and drug possession, as well as two related misdemeanor counts.

The lawsuit alleges narcotics detectives entered the Christiansens' home in October 2012 and used excessive force on Christiansen by slamming his head into walls, knocking his teeth loose and using a choke hold on him that made him lose consciousness.

The lawsuit also alleges his wife, Brandy Christiansen, was illegally searched about four times, including vaginal touching by one of the male officers under "the guise of searching for drugs."

Christiansen later moved to California. The criminal charges against him were refiled in July 2014. An arrest warrant was issued, but never served.

Russo on Tuesday said Christiansen's move to California made it difficult to arrest him.

When West Valley City's attorneys informed the police department that Christiansen was returning to Utah for a deposition, Russo authorized the plan to arrest him, the chief said.

In a filing in the federal civil rights lawsuit, Christiansen's California attorney, Mark Geragos, implies his client was unaware of the new criminal charges or that an arrest warrant had been issued for him.

Geragos' filing calls the deposition "a ruse to lure" Christiansen, and says the criminal charges were refiled "to retaliate against him for bringing this lawsuit."

Geragos wants to depose attorneys representing West Valley City and the officers about the new criminal charges and the arrest. A judge has yet to rule. Neither Geragos nor a local attorney representing Christiansen returned calls for comment Tuesday.

Three days after Christiansen was arrested again, a state court judge ordered Christiansen's release from the Salt Lake County jail.

Christiansen's next court appearance in his criminal case is scheduled for June 4. He faces up to five years in prison on each of the felony counts.

Christiansen was arrested at the offices of Blake Hamilton, an attorney representing West Valley City and individual officers named in Christiansen's lawsuit. Hamilton on Tuesday emphasized he had no role in Christiansen's arrest.

Hamilton said his clients feel vindicated by the renewed charges against Christiansen. He said the refiled charges are particularly important for Coyle, who has said he sustained a cut on his thumb from Christiansen swinging a knife.

"There were a lot of cases that were good, solid criminal cases," Hamilton said of the cases that were dismissed.

Cowley was charged with manslaughter for killing Willard, but a judge later dismissed the charge. Cowley is appealing his termination. Willard's family settled their wrongful death lawsuit against West Valley City for $1.4 million.

ncarlisle@sltrib.com

Twitter: @natecarlisle