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IN THE

2ND DISTRICT COURT - OGDEN

COUNTY OF WEBER, STATE OF UTAH

State of Utah

vs.
Affidavit of Probable Cause
DAVID LYMAN ROWLEY
Date of Birth: 06/21/1989
Arrestee

The arrestee above will be released automatically 24 hours from the time of arrest unless a magistrate signs the
order and such order is returned to the jail before that time. If the judge has refused to sign the order, the
arrestee will be released within a reasonable period of time not to exceed 24 hours.

On 03/05/2018 04:41 the defendant was arrested for the offense(s) of:

Offense Date Offense Description Statute Gov Code Severity DV


1 03/05/2018 RECEIVE OR TRANSFER STOLEN VEHICLE 41-1A-1316 UT F2 No

2 03/05/2018 FAILURE TO RESPOND TO OFFICERS SIGNAL 41-6A- UT F3 No


TO STOP 210(1)
3 03/05/2018 RECKLESS DRIVING 41-6A-528 UT MB No

4 03/05/2018 USE OR POSSESSION OF DRUG 58-37A-5(1) UT MB No


PARAPHERNALIA
5 03/05/2018 CRIMINAL TRESPASS WITHIN A DWELLING 76-6- UT MA No
206(3)(A)
6 03/05/2018 NO VALID LICENSE - EXPIRED 53-3- UT IN No
202(1)(A)

I believe there is probable cause to charge the defendant with these charges because:
On 03/05/18 at approximately 0411 hours, I was patrolling 12th street in search for traffic violations. A white
passenger car, a 90's style Honda Civic that matched the description of a weapons disturbance earlier that
night, passed me going the opposite direction. The original report of the weapons disturbance involved a stolen
vehicle described as the above listed vehicle. The vehicle described in the original weapons disturbance had
black stripes down the side, which this one had.

I turned around to see if the vehicle was the vehicle we were looking for and to see if it was stolen. The vehicle
immediately began exceeding the speed limit and turned north into a parking lot. I followed the vehicle which
was reaching speeds in excess of 50 mph through the parking lot.

I was able to take a shorter route through the parking lot and got fairly close to the vehicle, within 100 ft. The
vehicle was still traveling at a high rate of speed when it crossed the sidewalk and began traveling northbound
on Wall Ave at a high rate of speed.

At this time I activated my overhead lights and began trying to catch up to the vehicle. My patrol vehicle
reached speeds close to 80 mph and the suspect vehicle was still creating distance between us. The suspect
vehicle continued northbound, left its travel lane to the left and began traveling north in the southbound lanes,
still at a very high rate of speed.

The vehicle then turned west on 7th street without a turn signal and again started to pick up speed quickly. My
overhead lights were on as I attempted to catch up to the suspect vehicle. The suspect vehicle almost struck a
vehicle in the oncoming lane on 7th street. The suspect vehicle then turned north onto Century Drive, and into
the residential neighborhood in that area.

I then turned off my overhead lights and began searching the area for the vehicle. I then located the vehicle
abandoned on a dead end road near the intersection of 5th street and 350 W. The vehicle was still running and
the driver door was wide open. the license plate on the back did not match the vehicle. The VIN number
confirmed the vehicle was stolen. I searched the area and located footprints in the snow behind the residence of
340 W 5th street. The footprints were very far apart and traveled up the back deck of the residence, then back
down the steps, toward a glass sliding door.

While near the sliding glass door, the resident of the home came out and asked what I was looking for. I asked
him if he had seen anything and he said he had. The resident told me that a male, who he did not know, had
forced himself into the residence through the glass sliding door, and was upstairs with other adults and several
children. There was damage to the sliding glass door from the forced entry.

The resident gave officers permission to go inside the residence to find the male. The resident identified which
rooms the male was likely in and stated they could hear shuffling in one of the upstairs rooms. The resident
described the suspect as a white male with short hair and a plaid jacket.

The home is a single family home with both an upstairs and downstairs. There is no divider or separator for the
rooms or levels of the home.

Myself and other officers went upstairs and announced ourselves as police. A female called out and said she was
in one of the three back rooms with another adult, a 15 yr old juvenile, and several children. The individuals
came out with their hands up and we told them why we were there.

The females said no other adults were supposed to be in the home and that there were some kids inside the
other 2 rooms. The adults gave us permission to go inside the rooms and search for the suspect. While
searching in the two kids rooms, an officer located David Rowley (David) awake and underneath one of the kids
mattresses. David was sweaty and pinned against the wall with blankets over him.

David was taken into custody. The residents of the home said they did not know David and that he was not
supposed to be in their child's room or in their home at all.

David was placed in the back of my patrol car. David's plaid jacket, shoes and pants were found in the home and
brought out to my car. Inside David's jacket was a syringe with traces of a brown substance inside. David was
read his rights and asked if he would like to speak to me. David said he did not know and would think about it.
David was very lethargic and appeared to be under the influence of some kind of drug. Medical was dispatched
to assess David. David told medical that he had shot up heroin approximately 4 hours previously.

David was transported to Ogden Police station for further questioning. David was read his rights again and
agreed to speak to me. David admitted to driving the car and said he knew the car was stolen. David also said
he knew I was pursuing him in my patrol car. David said he saw my overhead lights while I was behind him from
Wall Ave until he turned onto Century Dr. David said he was evading me because he did not want to go to jail.

I then questioned David about the entrance to the residence. David said he knows a girl inside the upstairs of
the residence who is the daughter of one of the adults who live in the upstairs. David said he did not know the
residents of the basement, where he made entry.

David said he ran into the home hoping the girl he knew would help him hide. David said the residents of the
home did not know why he was there. The residents of the home are supportive of criminal prosecution for
trespass into their home.

I then questioned David regarding the needle in his jacket. David said the needle was his, and that he used it to
shoot heroin a few hours prior.
I then asked David about his driving while evading. David admitted to traveling at speeds close to 80-90 mph in
an attempt to get away from me.

David's drivers license was expired and he admitted he knew it was expired before he drove the vehicle. David
also had multiple active MA warrants.

From my training, observations, and experience, as well as statements from the residents of the home and the
confession provided by David, I determined David had committed the crimes of possession of a stolen vehicle
(41-1a-1316), evading by vehicle (41-6a-210(1)), trespassing in a dwelling (76-6-206(3)(a), reckless driving (41-
6a-528), possession of drug paraphernalia (58-37a-5(1)), and operating a vehicle with an expired driver's
license.

David was booked into Weber County Jail for said charges and his active warrants.

Officer Name: ALLEN R ALLRED Badge ID: 1008


I am a sworn officer with: UT0290100 - Ogden City Police Dept
Arresting agency case number: 18G15529 Associated citation number:

I declare under penalty of perjury and under the laws of the State of Utah that the foregoing is true and correct.
/s/ ALLEN R ALLRED

SUBMISSION IDENTIFICATION INFORMATION


Booking agency: WEBER CO SO Booking agency ORI: UT0290000
Booking agency case number: 18-03849 SID: OTN:
Booking UserID: rshaner Booking date/time: 03/05/2018 09:36 Submission ID: 99801 (Version 1)