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SAL T LAKE (:OIUNT)7 DISTRICT ATTORNEY CRIl\1INAL IN"ESTIGA'TIONS UNIT

LOHI''-'.8,.L. MILLER
District Attorney Stuart Smith Chief Investigator

Case Name: Case Number: Date: Investi2:ator: Narrative SYNOPSIS \ of Report:

Jared Virgil NICHOLS 2009-1516 June 30, 2009 Sergeant Michael S, Leary

n\T~VESTIGATO

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On May 28, 2009, a member of the South Jordan City Police Department attempted to stop a suspicious vehicle in/or about a business complex in a marked police vehicle, This suspect ') veI;icle fled t~e area, A sho~ time ~a~erthe suspect vehicle was located and failed to stop for, l~w tI ..~ " enrorcement lU marked police vehicles. The suspect vehicle attempted 1:0 run over a pedestrian ' " ~' law enforcement officer. ,The susPr-ectvehicle was pursued through,the citie~ of South J ?rdan ~d d'H~ \...(. West Jordan for approximately fifteen (15) minutes. The pursuing South Jordan Crt)' Police, \..\,!.),Pc; 0< Department vehicle was rammed b ' the suspect vehiclce-R"uineroU[:}imes,P::rfiie culmination ~ the pursuit, the suspect made rt'v movement towards the pursuing police officer. This Cl) officer was in fear of his life and u ed deadly force to stop the threat by the suspect. The suspect \ \, was shot two (2) times by law enfo cement and sustained fatal injuries, . 1.

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\) West Jordan City Police Department invoked the Officer-Involved-Critical-Incident protocol. '!.- This is a team investigation involving the West Jordan City Police Department, the South Jordan ,I) City Police Department and the Office of the District Attorney for Salt Lake County, This report '\~ is a synopsis of the complete law enforcement investigation to include this author's activities, \~ This is an official criminal investigation into the actions (use of deadly force) of the involved \\..{ subject, South Jordan CiL}'police Department patrol officer Jared Virgil NICHOLS,

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OF OCCURRENCE 2408 West Marion Drive

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Il-\TVOL'VED LAW El'1FOT<"CEJv1ENT AGENCY 1, South .lordan City Police Department 'AT est .J ordan City P alice Department
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/ AGENCIES

'" The Oificer-lnvolved-Critical-incident Protocol Team consisted of ~ Venue Agency: Wes1 Jordan City Police Department (Sergeant Travis Rees) U. Employer Agency: South Jordan City Police Department (Sergeant Jason Krright) 'A Office of the District Attorney for Salt Lake County (Sergeant Michael S, Leary) ~ Office of the District Attorney for Sail Lake County (Sergeant Travis :Peterson)
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SOURCE

OF D'fFOFJv1ATION

\o South J ordan City Police Department report, case number 09F006789

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West Jordan City Police Department report, case number 09H008491 (... West Jordan City Fire Department report, case number 08H001900 I) Utah State Department of Health, Office of the Medical Examiner case number Ri00900860
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,-\ BACKGROUl\fD \~ (This is a synopsis of information contained in the written law enforcement \i..tinterviews. Refer to those items for more specific information.) reports, videos and , . :,.,\ (,
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~;.f6~ May 28, 2009 at abou~'0115 ~oul"s, while on routine p~trol Sergeant ~llen Crist" a super:'isor ,;/; ;: ,,-\ ,&wnh the South Jordan City Pollee Department, observed a male walking through a busmes,~ I, 'r i .-.l "i1complex. This particular complex had seen an increase in thefts recently.s Sergeant Crist felt this 1-oactivity was suspicious. Sergeant Crist observed the male enter a parked, dark colored sport'lJutility-type vehicle and drive away. Sergeant Crist attempted to make a traffic stop on this 1..isuspect vehicle, the vehicle accelerated and drove from the parking lot in an attempt to elude .i"JSergean.t ~r~st. The suspect ve~cle crossed 9800 South driving into the Elk Ridge Mi~dle 1f\ School parking lot. Sergeant Cnst attempted to trap the suspect vehicle; the suspect vehicle t::; drove over the curb, onto the grass and out on to ,9800 South. Due to his agencies policies and 1-l( procedures, Sergeant Crist did not pursue this suspect vehicle. He. broadcast the suspect vehicle pd~scripti~n on the l~adio an~ requestevhe ,:eIricle be stopped. The suspect vehicle fled the area ..... L;~,Nlthoullights (dark). t,.\;'v>\ S",,~t'l 0" . Z . h(r.-,.- . ,..r 0LD;"'\.l~/'" ~ ~ ~ (,\0. 'j"\.>:Y- ch,:;.y:.. c~~j I{'\'" (-,'.JJ"{ v... .. _
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0120 hours, Patrolmal1-B~et PEREZ observed a dark colored SLN pass him 'i)'''-:\ (j 01) going the opposite direction eastbound on 9200 South. PEREZ turned and followed the suspect \ ,') -v,\.... ')' vehicle to a neighborhood subdivision at approximately 9500 South 2700 West. PEREZ knew .."yt; . )' ~ , ... there was only one way in and out of this neighborhood, via this roadway. PEREZ pulled over 1ft" l~ Ii ,,"!> and was w,.aiting for back~up (Patrolman NICHOLS) ~o ~rive. Sudd~nl)' the suspect vehicle -n ' ,,..,, c,'I 1 ~pulled out nom a nearby dri veway passing PEREZ, pulling into the cui-de-s ac.
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~:, At about this time, Patrolman NICHOLS made a tumonto the roadway, PEREZ vehicle and started to follow the suspect vehicle into the cul-de-sac,

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made a u-turn to exit the cul-de-sac: with NICHOLS following The in-car video from the 1 .. NICH01S vehicle indicates the suspect driver was clearly attempting the elude law enforcement. "V:;\r-..<.O\ ~. .

was stal~ding outside his vehicle attem~:ing to flag over the sl..:spect vehicle:v'-ry ~;; \i..... -A The suspect vehicle accelerated towards PEREZ narrowly missed striking PEREZ\'EREZ took 'f'.J'~,? .:) evasive action and jumped out of the way of the suspect vehicle. PEREZ used his hand-held 'l\ ~ radio and advised the dispatcher the "suspect vehicle tried to r.1iJ7 me over. '. f.e..p...'\<, t\.<.~'"Gr 'fv1,(1{i~'('vc..:/ ~ NICHOLS follows the suspect vehicle out of the cul-de-sac out 011 to 3200 \Vest and.initiates the. II pursuit. NICHOLS was following the suspect vehicle northbound on 3200 West at speeds of ~ eighty (80) plus miles per hour. At approximately 6850 South the suspect driver loses control It. and nits a fire hydrant The suspect driver regains control of the vehicle and continues \\ northbound, making a right turn on Gemstone Drive into a neighborhood, NICHOLS follows the , .' 1,..-suspectvehicle through the neighborhood and is struck (rammed) by the suspect vehicle. \ \W; \'-o\lc,.\"t:}~ \ , . .J<v-J- [fj.N~r-\')
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'1'; The pursuit _continues. throu~h anoth~r neighborhood. ~he suspect ve~c~e turns 011 to Nicole )~ Circle. As NiCHOLS is entermg the circle, the. suspect driver turns on his h?hts, flips on his high ._ ,( beams in what appears to be an attempt to blind NICHOLS. As both vehicle pass, the suspect] ,,.;: \Lt vehicle swerves into NICHOLS path, NICHOLS has to take evasive action to avoid being struck. I":}Bothvehicles exit out on to 3200 West where the suspect vehicle turns to go south, At about this . i1l'time, NICHOLS answers radio traffic by stating "aggravated assault on P. 0 he already hit my \\e \1\ car and someone else 'so n \)..)J"TO;; :..JI,"E'.J:=L h";:;~,...... .?\). <::1;-.,,-- '(1,~r r..'i, ,l
V\..t-h~ .. ~ .. ~.\;:"t.-....;l( . ifJ The pursuit continues south on 3200 West. At approximately 7670 South the suspect vehicle 1-\ attempted to make a left turn and skidded to a stop. NICHOLS attempts to pull in behind the

1-'\,.suspect vehicle and box "It") suspect vehicle accelerates

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1,~The suspect vehicle makes a left tum on 7800 South, NICHOLS radios "I'm going to take him t-..:..out" and immediately attempted a PIT (pursuit intervention technique) maneuver on the' suspect \t:, S' ~t, \.~ '1).1 vehicle, It appeared the suspect driver anticipated this maneuver and swerved in to the~~';; ~ ~:, 'v'" NICHOLS vehicle in all ,atten:Pt to defeat the PI! maneuver. Both vehicles then cOllt~nue east on ry'c..J->1,.:.(7800 South, It was at this pomt the suspect vehicle passed PEREZ, The suspect vehicle made a VI _ 1efi turn 011 to -2700 West and then made a right turn to go eastbound on Alida Drive,

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continued tlll'ou~11 th,e neighbOJ:'hood, ultimately turning all to J\.1ar~ion Drive. :h -: the suspect vehicle ll1 to the circle. NICHOLS attempted to p111 tne suspect l'-\v:.y,.;r.~ 0; .:i"vehicle in the circle and end the pursuit. Both vehicles collided, 'with Nl.CHOLS forcing the v-I."< ')') suspect vehicle up all to the lawn and into the corner of a house, NICHOLS car became disabled. \ l~ )~ The suspect vehicle was able to move off the lawn and 'was attempting to move forward "when i~PEREZ appeared in the circle,
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f!~7~1eover ) ~d intentionally rammed the front of the sus~ect v~lllCle, forcing the suspec(~; '}t vehicle backwards, NICHOLS was able to recover and move Ins vehicle off the IaVlIJJand came

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\ vehicles up a driveway i11 to a cinder block fence. The suspect vehicle and the NlCHOLS vehicle 1,,- were side-b:y-side with both drivers' doors next to each other. Bo.tb_ver~ili~~~Le--disabit;d, The ') suspect driver was revving his engine and continuing to to elude apprehension. \ I.;;;; 't"'_ \r.Y;;"';;

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'1 PEREZ stated he exited .his vehicle and came around t:) .the passel1~er side window o~ the suspect
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vehicle, Tl~e s~lspecl driver refused to con~Fly wlt~ .tus commands. the suspect dnve~ "had. a 11;' ~ crazy looJ~ 171his eye ... lIke.C/ caged animal. _PEREZ stated. he, COl,l:d 1101 see t~.e~~l:sp~~! s h~s. ,,(~~ After a Jew moments the suspect ~gjJ@'out the drivers sine window directly towards ~r.i:\: NICHOLS. V.Jllen be saw the suspecl@,li, PEREZ star tee 1.0 move towards the: right from comer \" the suspect vehicle when 1:(:;heard at least one TO und being iire~. It wasn't until he came around between the vehicles did he notice the suspect h2m~lIlg from the drivers: side window of the suspect vehicle. ~kl\ ~~ S~ (\lc:...h"'\5 C~f'c;,S<)\"'j l:.roAe. 'f~ '1'~ d.Jo~ " l' ..
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\1.- N1CHOLS stated when the vehicles came too rest he was looking face-to-face with the suspect. \"j .i~ \ '> ]~CH?LS stated he yelled "stay, ~~ I:Zl ~hooti !$tay. qtay. The suspect failed to con:ply !Lt ~1J.thhis COIT;l11a...TJ.ds. As tl~e sus,P,ecI: ~xlt~d-out his wlll~~ICH~LS stat~d he was 111fear or his l'J.A I,l .. \..; life and fired two rounds nom rns duty weapon at snspec17,(\C<.v .~~ C:;~'\.\ 0&( ~\-{.......~ ... . f-~\(,..<-\'; ~"\d..:l...,j WC~,>i(kJ.' -r '-'1.,(7 q~ it\,> aco~rt?.. wct$,lo",L<c-( \~ Medical md:v-ras summoned. M~mbers of the 0/e~t Jord~ en)' FlIe De~an:ment arnven ~no -:}pronounced me suspect deceased: The scene was se ured and management rrom the West Jordan \0, City Police Department invoked the Officer-Involve -Critical-Incident protocol. . - U J f\ .' u ~ ~ I I 'w 1.\ 'l-q;J~ it,,," , ,\c",",,,\s '7\(,"" {-r<-""-~ C~~ <)1'Xid-,~,
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Suspect: 1994 Nissan Pathfinder,

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2006 Ford Crown Vic, 'white-in-color, Utah license # 506062EX VD,\! # 2FA.FP71W46X157306 . Registered owner: South Jordan City 1600 TOV"l1 Center Drive South Jordan City, Utah 84095

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2006 Ford Crown Vie, white-in-color, Utah license # 96324EX vn~#- 1FAFP 71 W66Xl 01190 Registered owner: South] ordan City 1600 T own Center Drive South Jordan City, Utah 84095

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UpOD arrival I met w~th members of the West Jordan City Police Department was created, which included myself, Sergeant Travis Ree~;(West Jordan City and Sergeant Jason Knight (South Jordan City Police Department).

The protocol team

Police Department)

I was advised of the incident circumstances with information known at the time. Members of the South JOTdan CiTY Police Department pursued a suspicious vehicle wanted in connection with possible business burglaries from a business complex ill South Jordan City. The pursuit traveled throughout the cities of both South Jordan and West Jordan, ending in a subdivision in West Jordan where the suspect vehicle and both patrol vehicles were extensively damaged. A Soutb Jordan City Police officer used deadly force and shot and killed the suspect. The involved South Jordan City Police Department members (lJICHOLS and PEPEZ) had been removed from the scene and were presently at the South Jordan City Police Department. The crime scene was taped off. I observed three (3) parked law enforcerrient vehicles on the asphalt roadway surface in the cul-se-sac. I observed t v vo (2) vehicles in a driveway. The nighttime driving lights were on all the law enforcement vehicles; to include marker lights, headlights and taillights. The overhead emergency lights were on, on only 'GNO (2) involved law enforcement vehicles. The black S'lT\i had on no lights. Members of the protocol team entered the inside perimeter along 'with rnembers of the West Jordan City Police Department Crime Scene Unit, We walked through the scene taking note of the physical evidence. Considerable vehicle damage was observed to the black SUV md two (2) law enforcement vehicles. The involved law enforcement vehicle adjacent to the black SUV had on a spot light. There were a considerable amount of tire marks (both acceleration ELTld deceleration marks) on the asphalt, sidewalk and adjacent lawn. There was a considerable. amount of vehicle debris throughout the area. There was a body hanging out of the drivers' side door of the black SUV. Evidence photographs, evidence collection and crime scene diagramming was done by members of the West Jordan City Police Department. Sergeant Travis Peterson responded from the scene to the South Jordan City Police Department to be present when the involved officers were photographed and had their weapons inspected. The in-car videos from both involved South Jordan City Police vehicles S~rge~_aS?l1 f.j~~ght. ~ergeanl ~ees took physical possessinn of both videos .~~ ~~~.-<- ~. '" .:::.. \k<::",..:,..v\. I -< n"~ c..,;:'{ were removed by for safekeeping .

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to the South Jordan City Police Department to review the videos and interview witness Brett PEREZ. NJCHOLS invoked his right to counsel. FOP attorney Jeffrey W. Hall was present. Due to the extreme emotional state of NICHOLS, it was determined he would not be interviewed this elate and time. Witness PEREZ requested to be interviewed. Upon arrival at the South Jordan City Police Department, Sergean~R~~~~ant Serg~~an.dJ.-.re..iewpd th.e..il.1d:ar...Yid.eQ... After reviewing both videos,

The protocol team members then responded

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and I il1terviewed wimess - Patrolman Bret PEREZ. This interview was audio recorded (refer to ~ ~,transcrim--;;:d \Vest f(;."dan City pollee DePartment report for detailed information'). 'r . .1 .J
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I responded back to the scene and observed the evidence

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,-) ~ attended the interview in:,olving Patrolman Jason NICHOLS at the West ..J Jordan City Police Department Sergeant Travis Rees and J interviewed NICHOLS. N1CHOLS IJ was represented by attorney Jeffrey W, Hall (Fraternal Order of Police), Sergeant Jason K.night I{- was Dot present in the interview; he sat outside the interview room. ThiSD:J:teJ vie~ audio V recordea -creTeTtothe audio, transcript and West Jordan City Police Department report for <, detailed information).

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,.;;,On June 10, 2009 I met with Deputy District Attorney Michael Colby. Present was Chief lnvestigator~ (Office of the District Attorney), Lieutenant Bob Shober (West Jordan 11.- City Police Department) and Sergeant Travis Rees (West Jordan City Police Department). The \) case facts ImoYl'I1to us at that Lime were presented to DDA Colby. No further investigation was ,II, requested. . the conduct of Patrolman Jared Virgil NICHOLS was screened before District \ Le Attorney ~hra MJ~r, Deputy District Attorney ~~r and Deputy District Attorney ,") l~hael Colb~', The protocol investigative team of Sergeant T~~ (West Jordan City \'!, Police Department), Sergeant ~ (South Jordan City Police Department) and I, /~ presented th~e. facts as kno~l. After much discussion, it was determined no criminal charges . lo'Would be filed ~ainst patrolman Jared Virgil NICHOLS related to his use of deadly force on

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CONCLUSION,

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"This office has concluded the force employed by Officer Jared _'NICHOLS 'was legally justified under Title 76, Chapter 2, Part 4 (1953 as amended). Specifically, this office has concluded the force to be justified under both 76-2-404 (l)(b)(i) and 76-2-404 (l)(c). "

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