Ex-Daggett sheriff, 2 deputies plead guilty to misconduct in county jail


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PARK CITY — Jerry Jorgensen, the former Daggett County sheriff and a 40-year law enforcement veteran, pleaded guilty Wednesday in a case involving accusations of misconduct by four of his employees in the county jail.

As part of a deal with prosecutors made a day before he was to face a preliminary hearing, Jorgensen's plea to official misconduct, a class B misdemeanor, will be held in abeyance for six months and can be dismissed after that so long as he pays a fine and commits no new crimes.

In exchange for Jorgensen's plea, two class A misdemeanors — failure of a sheriff to keep inmates safe and obstruction of justice — were dismissed.

Jorgensen, 64, of Manila, and four of his employees were charged in May after investigators alleged they assaulted inmates by illegally using their Tasers on them, according to charging documents.

The scandal led to the closure of the Daggett County Jail, a primary source of revenue for the rural community.

Jorgensen resigned as sheriff in April before charges were filed. His nearly 40-year career in law enforcement included almost 15 years with the Department of Corrections before he retired in 2005 and moved to Daggett County.

Jorgensen became the jail commander in 2007 after two convicted killers escaped from the facility and allegations of mismanagement came to light. He was later elected sheriff.

Two of the four former jail employees charged in the case pleaded guilty after Jorgensen on Wednesday.

Former deputy Joshua Cox, 27, who faced the most serious allegations, pleaded guilty to four of the 11 counts against him: two counts of aggravated assault and one count of transporting a weapon into a secure area, all third-degree felonies, and one count of theft, a class A misdemeanor.

Cox admitted to using his Taser on stun mode on two inmates and to bringing that Taser unlawfully into the jail. He also admitted that the Taser was the property of the Smithfield Police Department, where he had worked part time.

In charging documents, prosecutors also alleged Cox had allowed an inmate to use the Taser to threaten another, and had brought an untrained police K-9 to the jail for "bite training" with inmates.

Charges related to those allegations were dismissed as part of the plea deal.

Cox didn't speak to reporters following the hearing, but his attorney, Loni DeLand, credited the incidents in the jail to "fun and games" that the inmates engaged in willingly because "it gets boring out in Daggett County."

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"The inmates and the guards out there have a very close relationship. They have for years," DeLand said. "As you know, Daggett County has had its problems over the years, and part of it is that they get too close. So it's, you know, 'Hey, do you want to be Tased?' and 'Sure,' and 'You get a six-pack of soda.'"

But if the case had gone to trial, DeLand said his client faced "a substantial risk of conviction."

DeLand emphasized that Cox is remorseful for what he did. The attorney called the incidents with the Taser unprofessional and poor judgement, but downplayed whether they were truly dangerous or criminal.

He also noted that Cox takes full responsibility for his actions and doesn't blame the now-former sheriff.

Prosecutors agreed not to argue for prison time when Cox is sentenced Nov. 6, but may seek jail time.

Former Lt. Benjamin Lail, 32, also pleaded guilty Wednesday, admitting to reckless endangerment, a class A misdemeanor, reduced from a single count of third-degree felony aggravated assault.

Lail crossed his arms over his chest and hung his head as his attorney read a summary of the allegations against him. According to prosecutors, while acting as the commander at the Daggett County Jail, Lail intimidated a female inmate by sparking a Taser at her feet.

As 3rd District Judge Kent Holmberg prepared to sentence Lail after he entered his plea, Richard Gale, Lail's attorney, explained that Lail's law enforcement career is over and he now wants to focus on supporting his family as he sells cars at a dealership in Wyoming.

Prosecutor Steven Wuthrich said the state was not recommending jail time for Lail, noting that the victim in the case had also requested he not be incarcerated.

Holmberg followed the recommendation, sentencing Lail to complete a year of court-ordered supervision. If he violates the terms of his parole, Lail will be ordered to serve a year in jail.

Cases are ongoing against two more jail employees charged in the case — former sheriff's deputies Logan Walker, 27, and Rodrigo Toledo, 42. Both men are charged in Summit County Justice Court with official misconduct, a class B misdemeanor. They are scheduled to appear in court Tuesday.

Toledo and Walker are accused of being present when Cox used his Taser on inmates, but not doing anything about it or reporting the incident.

After the case was filed, defense attorneys successfully argued to move the case to Summit County, arguing that Daggett County is simply too small and the case too high profile for the court to seat an unbiased jury.

Because Daggett County relied so much on the revenue it received from housing inmates from the Utah State Prison, prosecutors argued that many members of the community "may be angry" at the men for prompting the Department of Corrections to remove all of its inmates, essentially closing the jail.

On an annual basis, state payments for jail inmates make up nearly 30 percent of Daggett County's revenue — or about $1.4 million in 2016, according to Utah's transparency website.

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McKenzie Romero

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