Three days after Greg Kyle DeBoer, 62, was arrested and charged with obstruction of justice after he admitted burying the gun he used to shoot Patrick Hayes, 61, on Sept. 25 near Jordanelle State Park, DeBoer attended a virtual Heber District Court bail hearing.
Judge Jennifer A. Mabey presided over the court and set DeBoer’s bail at $20,000 under the condition that he not leave the Wasatch County Jail without an ankle monitor.
Mabey also granted no-contact orders for an unnamed witness and five of Hayes’ family members at the request of McKay King, plaintiff attorney for the state of Utah.
More than 20 of Hayes’ friends and family members turned up at the courthouse Friday under the impression that the hearing would be in-person. Rather than emailing a link, courthouse officials allowed Hayes’ family into the courthouse to view the Webex hearing on a larger screen.
Hayes’ supporters filled every available row.
An affidavit of probable cause stated that DeBoer “admitted to shooting Patrick Hayes with his .45 caliber Kimber 1911 and admitted to burying the gun near his house sometime after the shooting.”
DeBoer has not been charged with the death of Hayes. His initial appearance Friday determined whether to uphold the Fourth District Court’s order to hold DeBoer, who faces a second-degree felony charge for obstruction of justice relating to an investigation involving conduct constituting a capital felony or first-degree felony, without bail.
If DeBoer were to be held without bail, Mabey said, he would have to be a flight risk and a risk to the community.
Defense Attorney Andrew Deesing argued that DeBoer, who has roots in Wasatch County and no criminal history, should not qualify as a risk in either category.
“He owns a farm in Wasatch County. He lives somewhat off-grid, I suppose, but he takes care of his animals,” Deesing said. “He lives with his girlfriend who helps plow the fields and feed the mules.”
Deesing argued that along with being an established resident of the Peoa area, DeBoer is a caregiver to his mother, who is more than 90 years old and has dementia.
“He has health issues himself, too,” Deesing said. “I say all of this because when we’re talking about flight, this is not an individual who is going to flee.”
King did not argue against appointing bail.
“This is a situation where the underlying event is tragic. It’s an emotional case, I know, for a lot of people. I need to make sure that everyone understands, because I understand that there are people in the courtroom who are listening as well,” Mabey said.
Mabey ruled that with no prior criminal history, DeBoer should get his “constitutional right to bail.”
While the hearing happened on-screen, 23 of Hayes’ closest friends and family watched from the courtroom. Most were upset that the hearing was held virtually rather than in-person, as they said they were told. About half traveled from Salt Lake Valley and all drove through Friday’s snowstorm in Heber Valley.
“The point was for him (DeBoer) to see us,” said Jeanne Hayes, sister-in-law to Patrick.
“The human element, I think, can get lost in the courtroom,” said Hayes’ stepdaughter, Sam Kearn. “So I definitely am very upset that the man who killed Patrick didn’t have to look at the people that he affected.”
Hayes’ fiancee, Sue Ann Kern, said that the point of the group at large showing up to court was to “let the court know how well he was loved and that this has had a huge impact on our community.”
According to Kern, she drove past the Ross Creek area where Hayes was shot the morning after the incident.
“I drove past it when he was there, dead, and I didn’t know it,” Kearn said. “I see that spot every time I drive out of my driveway. I drive past it every time I leave. … He walked the dog in that area almost every time.”
Kern said Christmas Day marked three months since Hayes’ death.
“Patrick was fun-loving, larger than life. … He had such an amazing group of friends,” Kern said. “At his core, he was a coach. He loved coaching kids at swimming and water polo, and he had a big impact on a lot of lives.”
When he heard Kearn’s praise of Hayes, Pete Kintner, who met Hayes at a book club in 2012, joined in.
“I was the first guy that vetted him,” Kintner said. “Happy, funny, gregarious, super smart. Just a big prankster. Biggest heart. … When I pass on, I look forward to the day I can give him grief.”
Kintner said that if there’s one thing everyone could agree on, it’s that Hayes was a “guy’s guy.”
“Everybody liked him,” Kintner said. “The sad thing is if the defendant had known him under different circumstances, he would arrive at the same conclusion.”
“We said that if that guy (DeBoer) pulled up and said, ‘Hey, can you help me move my couch?’” Kearn said, “Patrick would have gone with him.”
“Patrick would have been that guy,” Kintner agreed. “Absolutely.”
DeBoer’s next hearing will occur in person on Jan. 22 at 8:30 a.m. in Heber District Court.