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IN THE
COUNTY OF UTAH, STATE OF UTAH
State of Utah

vs.

HOOVER, MATT FRANK

Affidavit of Probable Cause
Date Of Birth: 06/26/1978
480 S 300 WEST FILLMORE, UT 84631
Arrestee

On 01/22/2019 18:15 the defendant was arrested for the offense(s) of:
Offense Date Offense Description Enhancement Statute Severity Court
1 01/22/2019 POSSESSION OR USE OF A CONTROLLED SUBSTANCE PR 58-37-8(2)(A)(I) F3 DST
2 01/22/2019 POSSESSION OR USE OF A CONTROLLED SUBSTANCE PR 58-37-8(2)(A)(I) F3 DST
3 01/22/2019 FAIL TO STOP OR RESPOND AT COMMAND OF POLICE 41-6A-210 F3 DST
4 01/22/2019 POSSESSION OF A DNGR WEAP BY RESTRICTED 76-10-503(2)(A) F2 DST
5 01/22/2019 THEFT BY RECEIVING STOLEN PROPERTY 76-6-408 F2 DST
6 01/22/2019 ASSAULT ON PEACE OFFICER OR MILITARY SVC MEMBER IN UNIFORM 76-5-102.4 F2 DST
7 01/22/2019 AGGRAVATED MURDER 76-5-202 F1 DST

I believe there is probable cause to charge the defendant with these charges because:
�On January 05, 2019, Officers acting under the color of legal authority
attempted to make an arrest on Matt Frank Hoover for outstanding felony and
misdemeanor arrest warrants. Officers contacted Hoover and a female passenger
while sitting in Hoover's vehicle in the area of 20 W University Parkway in Orem
Utah. Multiple uniformed police officers approached the vehicle and began giving
Hoover commands to surrender. Hoover willingly failed to comply with the
commands given by officers. Officer Estrada made entry to the passenger side of
the vehicle and attempted to physically control Hoover while continuing to give
him commands to surrender.

�Hoover actively resisted Officer Estrada's attempt to control him, put

the vehicle in reverse, and backed into a police vehicle. Hoover then put the
vehicle in drive, drove forward sideswiping a storefront, then drove the vehicle
westbound through a parking lot before coming to a stop. As Hoover drove the
vehicle in an attempt to flee, Officer Estrada continued to give verbal commands
and attempt to gain physical control of him.

�When the vehicle came to a stop, Officer Joseph Shinners entered the
passenger side of the vehicle with Officer Estrada to aid in the apprehension of
Hoover. While in the act of resisting arrest, Hoover produced a Ruger .380
semi-automatic pistol. Hoover fired the pistol striking Officer Shinners in the
left side of his body. Officer Shinners returned fire striking Hoover in the
abdominal area. Officer Joseph Shinners was transported to the hospital where he
succumbed to the gunshot injury. Hoover was ultimately taken into custody and
transported to the hospital where he was treated for his injury. Both Officer
Estrada and the female were in the vehicle when Hoover struck the police car and
storefront in his attempt to flee. They were both in the passenger side and in
close proximity to Hoover when he fired the pistol and shot Officer Shinners.

�The Ruger .380 semi-automatic pistol located in Hoover's possession was

found to be stolen. The pistol can be described as having a silver slide and a
purple grip. A firearm E Trace provided information pertaining to the
registered owner of the firearm. The owner was contacted and stated the firearm
was stolen from their possession in December 2017. Hoover is currently listed on
the Utah Corrections OTrack System as on active felony probation, which makes
him a Category 1 Restricted Person.

�In a subsequent search of Hoover's vehicle, a syringe containing a

brown/red liquid substance was located in the driver's door compartment. The
substance in the syringe gave a positive indication for heroin when subjected to
substance in the syringe gave a positive indication for heroin when subjected to
a field test. A baggie containing a brownish crystal like substance was located
under the driver's seat of the vehicle. The substance in the baggie gave a
positive indication for heroin when subjected to a field test. Multiple glass
pipes consistent with methamphetamine use were also located in the vehicle.

�In a subsequent search of Hoover's clothing, a baggie containing a clear

crystal like substance was located in the pocket of his pants. The substance
gave a positive indication for methamphetamine when subjected to testing. Hoover
was found to have prior convictions for possession and distribution of a
controlled substance according to the Utah Criminal History Database, including
case #161600081 (Juab County) At the hospital, Hoover's urine tested positive
for amphetamines, benzodiazepines, and opiates.

�During subsequent investigation, a person who identified as a close

friend to Hoover was contacted. The individual stated they knew Hoover carried a
.380 pistol he referred to as the "Purple People Eater," and the "Purple
Monster." They said Hoover kept the firearm in his back pocket and would not go
anywhere without it. They also stated Hoover routinely made comments about not
going back to prison and stated he would "shoot it out" with police. Hoover made
the comment that the next time he was pulled over by police, he was going to
shoot to kill and hoped he was killed.

�On November 01, 2018, Orem Police Officers attempted to apprehend Hoover
on outstanding felony and misdemeanor arrest warrants. In that incident Hoover
fled from police in his vehicle, which led to a vehicle pursuit through Orem
City. The pursuit was ultimately terminated for safety concerns and Hoover was
not apprehended at that time. During a subsequent investigation of that
incident, Hoover's ex-wife was contacted by police. Hoover's ex-wife informed
police Hoover had made statements to her indicating he would rather "suicide by
cop" than go back to prison.

According to Utah Code 77-20-1(2)(a), "a person charged with or arrested for a
criminal offense shall be admitted to bail as a matter of right, except if the
person is charged with a

(a) capital felony, when the court finds there is substantial evidence to
support the charge."

(b) felony committed while on probation or parole, or while free on bail

awaiting trial on a previous felony charge, when the court finds there is
substantial evidence to support the current felony charge
At this early stage of the case, "any arrest or charge for a violation of
Section 76-5-202, Aggravated murder, is a capital felony..." Moreover, Hoover
was on felony probation in cases 161403196 and 161600081.
Here, the Aggravated Murder charge is supported by at least three viable
theories:

1)�Master Officer Shinners was a "law enforcement officer" under Utah Code
76-5-202(1)(m),

2)�Hoover "knowingly created a great risk of death to a person other than

the victim and the actor" with each of the two other occupants of the truck cab
where the shooting occurred, under Utah Code 76-5-202(1)(c)

3)�Hoover committed the murder "for the purpose of avoiding or preventing

an arrest of the defendant...by a peace officer acting under color of legal
authority..." under Utah Code 76-5-202(f).

As a result of the totality of these factors and circumstances, this is a

capital felony and a felony committed while on felony probation, both of which
are subject to the presumption of a no-bail hold while awaiting jury trial.

By submitting this affidavit, I declare under criminal penalty of the State of Utah that the foregoing is true and correct.
/S/ Rich, Scott
 Officer Name: ORSRRICH - Scott Rich Probable Cause Entered: 01/22/2019 18:28
A sworn officer with: UT025025G - APP - Provo Probable Cause ID: 147769
Agency Case 19OR00433 Suggested Bail Amount:

SUBMISSION IDENTIFICATION INFORMATION

Booking Agency: Utah County Sheriff Office Booking Agency ORI: UT0250000
Agency Inmate ID: 378011 SID: 467824 OTN: 57895229
Booking Date/Time: 01/18/2019 11:59 FBI ID: 222690EB4