Wasatch County officials released an investigation into alleged misconduct in the Wasatch County Sheriff’s Office on Friday, painting a grim picture of operations and morale.

Specifically, Sheriff Jared Rigby was identified for alleged retaliatory actions against employees, favoritism, misuse of county property and nonappearance in his role.

Wasatch County officials in March tapped retired Utah State District Court Judge Richard D. McKelvie to lead an investigation into the Sheriff’s Office after a series of public safety issues were brought to the Wasatch County Council’s attention. Those complaints started when former Sheriff’s Office Lt. Shane Fredrickson formally requested a review of the office by the County Council, which governs the county law enforcement agency.

Fredrickson, who filed his request to the county in January, alleged investigation interference, misconduct and retaliation in the Sheriff’s Office by both Rigby and Undersheriff Josh Probst.

Before the investigation started, former Wasatch County Sheriff Todd Bonner said Fredrickson was then one of more than 20 individuals to come forward with similar complaints. Months after Rigby placed Fredrickson on administrative leave, Fredrickson retired early from his post in the Sheriff’s Office. 

In his report, McKelvie said his goal was to interview witnesses to identify actions he believes the county can take in an “effort to rectify apparent shortcomings” in the Sheriff’s Office. Between March and August, McKelvie interviewed 30 current and former Sheriff’s Office employees, officials from other agencies and civilians. 

The report said there was no “gross mismanagement” or illegal activity found in the Sheriff’s Office. However, McKelvie outlined concerns within seven categories, including: hiring and promotion, the deputy sheriff’s merit system, duty and shift assignments, fear of retaliation, misuse of county resources and equipment, investigation interference and interagency relationships. 

Fear of retaliation

“A common theme among those interviewed was a fear of retaliation for cooperating with this inquiry,” the report reads.

The theme of fear of retaliation in McKelvie’s report is also echoed in sections of concern, including duty and shift assignments. In one instance, McKelvie outlined an interview with a corrections officer who described significant medical issues that caused difficulties in her shift assignments.

Though her condition was helped by a consistent schedule, she was consistently put on the overnight shift rotation.

“By her account, another corrections employee expressed a desire to work the graveyard shift permanently, thereby relieving the interviewed employee of the necessity of changing her shift, and therefore her sleep schedule. However, the administration refused to grant this request,” the report reads.

McKelvie did not provide Rigby the corrections officer’s name during their interview, but he wrote Rigby could glean enough “to identify the source.” McKelvie interviewed Rigby on June 27.

“The following week, I learned from several sources that the corrections officer had been summoned into Sheriff Rigby’s office and interviewed by Sheriff Rigby and Undersheriff Probst. At the conclusion of that interview, she was placed on indefinite paid administrative leave,” the report states. 

The officer was told she may not return to work until she could pass a “fitness for duty” test.

“Of course, there may have been a compelling and appropriate reason for the WCSO to take this action, but the timing left a clear impression that placing this employee on administrative leave was an act of retaliation in response to her interview with me,” the report continues.

Adding to the accounts of witnesses wary of retaliation in the Sheriff’s Office, McKelvie was notified that the building he was conducting witness interviews in was possibly being monitored. According to the report, McKelvie was sent a social media post that included an image of the Wasatch County Sheriff’s Office dispatch center. In the background, there’s a security camera monitor that displays the entrance to the Wasatch County Administration Building, where interviewees could be seen coming and going by dispatch and other Sheriff’s Office employees.

After he became aware of the post, McKelvie conducted interviews at the Heber City Police Department, individual homes, local coffee shops and online through Zoom. 

McKelvie also became aware of two other sworn officers he interviewed who were placed on extended administrative leave, and both are no longer employees of the Sheriff’s Office.

He reported some witnesses declined to speak with him due to fear of retaliation, and others only agreed to meet after they had secured employment outside of the Sheriff’s Office.

“These reported acts have had a negative impact on the morale at the WCSO. Numerous witnesses informed me that they had terminated their law enforcement career much earlier than they intended to as a result of the atmosphere at WCSO, and many others indicated they had changed employment due to that atmosphere,” the report alleges.

Favoritism

McKelvie wrote that hiring and promotion “was among the most prolific and emotionally charged” concerns detailed in his report.

“Perceived favoritism and seriously inappropriate conduct in the hiring and promotion process have resulted in serious morale problems within WCSO. Several witnesses disclosed to me that they do not pursue promotions because everyone in the organization already knows who will be promoted and who won’t be,” the report reads.

McKelvie said the most serious allegations in this area revolve around Rigby’s involvement in lieutenant’s exam testing. Two witnesses recounted Rigby photographing his computer screen — which showed the current lieutenant’s exam — before messaging photographs to a candidate for the role. 

Another former employee recounted that Rigby went through “every question and answer” on the exam while he took notes, alleging that Rigby assisted the candidate by sharing exam content. 

“Subsequently, the witness took the exam and passed with the highest grade, evoking a WCSO civilian administrator to express his surprise that the witness scored so high,” McKelvie wrote. “The witness acknowledged that he almost certainly would not have passed the test but for Sheriff Rigby’s assistance.”

Rigby told another former employee that he could be brought on “without testing or with testing,” but that the individual opted to take the test. McKelvie was told that he discovered later “that this assistance was not provided to others.” The former employee also expressed his belief that he may not have passed the exam without additional support.

While the lieutenant’s exam is not required for experienced applicants, the exam is used to ensure they possess the necessary skills for the job.

“For his part, Sheriff Rigby flatly denied passing on test questions or answers to candidates, stating ‘There’s been no giving questions and answers to anyone,’” McKelvie reports. 

Rigby did admit to having lengthy phone conversations with the first candidate, but said that individual “continually pestered him” with phone calls asking about the testing process.

“The perception among many of the witnesses I interviewed is that the testing and promotion process is rigged in favor of those whose promotion is sought by Sheriff Rigby and Undersheriff Probst,” the report states.

The investigation acknowledges Rigby’s establishment of the Wasatch County Sheriff’s Office Merit Commission in January 2019, but it also found that the system appears “to not be functioning as intended by state statute.” McKelvie apparently interviewed current and former employees who felt the commission was an extension of Sheriff Rigby.

The sheriff acknowledged that he had in fact recruited all three members of the commission.

An absent sheriff

In his investigation, McKelvie found assertions of misuse and misappropriation of county funds and equipment that are “of sufficient concern” to call for inquiry by the Wasatch County auditor. 

Those concerns center on Rigby, and predominantly around his outside employment. McKelvie said Rigby maintains “what amounts to a full-time job” as a police officer for Brigham Young University in Provo.

Rigby apparently acknowledged that he drives his assigned Sheriff’s Office vehicle to the Provo campus each day despite fuel being paid for by Wasatch County. McKelvie consulted retiring Summit County Sheriff Frank Smith on the matter. Smith said that apart from a deputy’s duty weapon, personal or outside use of county property — including vehicles — is prohibited. 

Witnesses described Rigby — who works up to three 12-hour shifts at Brigham Young University per week — as an “absentee” sheriff who is rarely in the office.

“Policy notwithstanding, the absence or perceived absence of the sheriff for long periods of time raises concerns expressed to me by employees as to whether he is sufficiently dedicated to his elected position,” the report states.

Additional allegations against Rigby include a post-election banquet where witnesses recounted the sheriff using money from the office’s budget. McKelvie stated he was unable to verify those claims. 

Moving on

With seven areas of concern outlined, McKelvie said Rigby is “at liberty to take any corrective action” he deems appropriate in light of the report findings. 

Rigby, who was interviewed by McKelvie, denied any wrongdoing by himself or the Sheriff’s Office.

McKelvie specifically recommends remedies such as the reappointment of merit commission members, amending test preparations, implementing a new process for promotions and discipline, and auditing performed by the Wasatch County Auditor’s Office. 

The sheriff is an elected position in Utah. This is Rigby’s second term as sheriff. He ran unopposed and was reelected for his second four-year term in 2022.

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With accusations of mishandling cases, like the Ross Creek road rage incident that left Patrick Hayes dead on Sept. 25, 2024, the Wasatch County Sheriff’s Office is also facing claims of strife between law enforcement agencies in Summit and Wasatch County, including Heber City police.

Retired District Judge Richard D. McKelvie started an investigation into the Wasatch County Sheriff’s Office in March at the request of county officials. The investigation wrapped up last month, and the full report — which collected evidence to outline potential policy changes and further actions by county officials — was released on Friday.

McKelvie found instances of Sheriff Jared Rigby and Undersheriff Josh Probst “inserting themselves” in certain investigations and “countermanding decisions,” which he said created a rift between other law enforcement agencies.

As a result of that behavior, he found those relationships had “deteriorated.”

During the investigation, McKelvie reports finding “numerous examples” of the sheriff and undersheriff immersing themselves in investigations that “frustrated detectives and deputies” on the case. He recalled three specific cases. 

Heber City

One witness McKelvie interviewed accused Probst of interfering with the investigation of David Martindale, a Timberlakes resident suspected of drug distribution in November 2023. The witness alleged the undersheriff caused a delay in executing a search warrant on Martindale.

According to McKelvie, the safety of officers and the public is “of paramount concern” when it comes to executing search warrants. Officers employ standards and protocols that include whether the search should be conducted by a SWAT team. At the time of this investigation, the Sheriff’s Office was associated with a Special Weapons and Tactics team that included officers from the Heber City Police Department.

Former Sheriff’s Lt. Shane Fredrickson said he was in the room when Probst shouted at a witness in the Martindale case. McKelvie asked a witness about the incident during the investigation, who recalled Probst saying, “It was 2023, and we no longer go around kicking doors like a bunch of cowboys.”

“It was a humiliating, degrading thing to watch, and the room was full of detectives from outside agencies,” Fredrickson said in a separate interview with The Park Record.

Investigating officers determined not to execute the search warrant, which went unserved. The county’s investigation into the Sheriff’s Office recounts mixed reports of Probst’s hesitation to serve the warrant and investigating officers determining not to execute the search warrant out of fear for their safety. Later, Probst’s deputies responded to a death at the residence. Martindale died of a drug overdose. 

“We can’t take SWAT teams up and kick down people’s doors and point guns in people’s faces because we’re not willing to do homework and vet and investigate. Our community expects more out of us and we have to give it to them,” Probst told McKevie during the former judge’s investigation.

Wallsburg

In another case, a deputy recounted an alleged “chop shop” investigation near Wallsburg. 

The deputy told McKelvie the Sheriff’s Office obtained enough information through interviews and surveillance to obtain a search warrant for the property, which was described as “a large tract of land with outbuildings, but with allegedly stolen property strewn about both inside buildings and out in the open.”

Due to the size of the case, a SWAT team composed of law enforcement from Wasatch County, Heber City, as well as officials from the Utah State Department of Motor Vehicles and the Utah Attorney General’s Office, was called to assist. 

However, McKelvie’s interviews recalled statements of Probst calling off the search warrants.

“Somebody’s ego just got in the way here and we had to shut it down,” a witness said to McKelvie.

Probst recalled the event differently. In an interview with McKelvie, Probst said details of the warrant were leaked to a deputy’s spouse. 

“She’s describing it as the most dangerous warrant we’ve served in the history of Wasatch County, and confidentiality has been broke,” Probst said in the report. “And with how word travels in that small community in Wallsburg, I feel it is unsafe for us to go execute this warrant when it’s being talked about openly in the public ahead of the service.”

The warrant was returned unexecuted. The investigation was dropped.

According to additional witnesses, McKelvie found that a warrant was obtained through a separate investigator, who uncovered “hundreds of thousands of dollars worth of stolen property.”

Hideout

Greg Kyle DeBoer admitted burying the gun he used to shoot and kill Patrick Hayes following a road rage incident that ended at the Ross Creek entrance of Jordanelle State Park last fall. DeBoer told Wasatch County investigators he acted in self-defense. 

A warrant to search DeBoer’s Browns Canyon residence was obtained after a 48-day investigation. Due to the timing of DeBoer’s arrest on Dec. 24, the lead investigator on the case was away for the holiday and not directly updated on the arrest. 

“As the primary detective and other very experienced officers prepared to execute the search warrant, they were instructed by Sheriff Rigby and Undersheriff Probst not to arrest the suspect, regardless of what was found in the search,” a section of McKelvie’s report states. 

After the search, the Sheriff’s Office worked with the Wasatch County Attorney’s Office, which pursued a single obstruction of justice charge.

Though DeBoer was not charged with homicide, McKelvie found there was “compelling evidence” to support such a charge in the case. 

Rifts between Summit, Wasatch counties

McKelvie described “a rift” between the Summit and Wasatch sheriff’s offices, including an interview with now-retired Summit County Sheriff Frank Smith. The former judge also interviewed Heber City Police Chief Parker Sever and Deputy Chief Branden Russell.

“All three candidly discussed their relationships with the WCSO in general, and with Sheriff Rigby and Undersheriff Probst, and each expressed their opinions that those relationships had deteriorated significantly under Sheriff Rigby’s administration, even to the extent that some joint task forces and other joint operations had been temporarily abandoned,” the report states. 

Smith also recounted his distaste for a YouTube video where Rigby is recorded interviewing a Heber City police officer who filed a complaint against the former police chief.  Smith told McKelvie he “didn’t like what (he) saw,” and thought it would be best for the Summit County Sheriff’s Office to take a step back.

McKelvie, in his recommendations, suggests that a memorandum of understanding be used with other law enforcement agencies to “minimize potential conflict” and pursue further joint operations. 

He stated that Rigby, an elected official halfway through his second term, “is at liberty to take any corrective action he thinks is appropriate given the information compiled in this report.” 

Rigby denied any inappropriate interference in investigations.

“There’s no investigation interference in any of these cases,” Rigby said. “The bottom line is that the chief or the sheriff or whoever the head of the law enforcement agency is, has the final responsibility when it comes to investigations. And then on top of that, that agency head works with the county attorney in preparing any charges if there are going to be some.”

Rigby also acknowledged that the Sheriff’s Office would be open to establishing a memorandum of understanding with other law enforcement agencies

In a press release, Rigby said the Sheriff’s Office plans to use the investigation to implement recommendations outlined in the report to make “positive changes internally.”

“Our office has a long and successful legacy. I am very proud of our employees for what we have accomplished and provided our communities over the past seven years,” a section of the press release states. “You have my ongoing commitment to strive to provide all possible resources and opportunities to make this office even better in accomplishing our mission.”

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