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PROVO -- A former police officer who fondled a woman in exchange for not arresting her was ordered Thursday to serve 180 days in jail.
Jeffery Westerman pleaded guilty to attempted forcible sex abuse, a third-degree felony, and obstruction of justice, a class A misdemeanor, in December. Fourth District Judge David Mortensen also sentenced him to three years of probation and ordered him to pay a $950 fine and $1,265 in restitution.
I no longer feel safe in the presence of a police officer. I feel like I'm being stalked whenever I'm with a cop.
–Leslie, Westerman's victim
#leslie_q
Westerman was in a position of trust and authority, yet he violated that and should "expect the condemnation of the community", a judge said.
"She literally had nowhere to run to," 4th District Judge David Mortensen said of Westerman's victim. "Where could her protection be found when her perpetrator was a police officer?"
Westerman's victim, Leslie, who asked that her last name not be used, said she now suffers tremendous anxiety because of Westerman. She sees the former police officer in her nightmares.
"It was the most terrifying 15 minutes of my life and I knew if I didn't get him off the street I would feel guilt for the rest of my life," she said.
Leslie said she is uncomfortable when she drives, and she is now terrified of police.
"I no longer feel safe in the presence of a police officer. I feel like I'm being stalked whenever I'm with a cop," she said.
In the hearing, she told Westerman that she thinks of him every day "in a way that is terrifying and traumatic." But while she cannot forget what happened, she said she hopes to forgive him.
"As much as I feel the sting of your actions, I am a child of God and I hope you turn to Heavenly Father again," she said.
Leslie's father, Patrick, spoke of the rage he had to fight when he heard what had happened to his daughter and the inclement disgust upon realizing Westerman had committed the abuse while in uniform.
"In my mind, he was never a police officer. He was a predator with a badge," he said.
Westerman's actions have impacted police investigations, because they can no longer place him on the stand as a credible witness in cases he investigated, prosecutor Craig Johnson said. His actions have also affected the legitimacy of other officers, who now have "people making cracks like: 'I'm ready to flash you, officer. What's the protocol here?'"
"Officers who used to be respected are being seen in a different light because of Mr. Westerman's actions," Johnson said.
The prosecutor said he was "surprised" Westerman had ever been hired by Provo police considering he had a history of assault, criminal mischief and possession of a dangerous weapon as a juvenile. That said, he asked for jail and probation to be consistent with the sentences of other cases.
Westerman gave a tearful apology to the victim and his own wife and family. He also apologized to all police officers for giving them a bad name.
"Not a day goes by I don't regret my decisions that day," he said. "I'm sorry I was in a position of authority and trust and I used the public to satisfy my sexual desires."
They were crocodile tears. He was crying because he got caught, not because he was sorry for what happened.
–Patrick, victim's father
#patrick_q
He was then handcuffed and taken into custody.
Both Leslie and her father said they don't believe Westerman's apology was sincere.
"They were crocodile tears," Patrick said. "He was crying because he got caught, not because he was sorry for what happened."
The charges stem from a minor traffic accident near 300 South and University Avenue on July 22 that Westerman investigated. Two cars were originally involved, but he eventually told the other driver to leave, according to court documents. He performed a sobriety test on Leslie, who he said appeared to be intoxicated.
Westerman then drove the woman's car to a nearby parking lot, where he searched it and then told her she would be arrested for felony charges unless she lifted up her shirt for him.
"I said, ‘I'm a good girl, I'm a good girl, I'm a good girl, what do you want from me? Let me go, let me go' and that's when he said, ‘What if you are a bad girl?' I said, ‘What do you mean?' and he said 'Flash me' and that was the last thing I wanted to do," she said.
The woman said she complied because she didn't want to go to jail.
"It wasn't nice," she said. "The whole time I'm in tears, crying." The victim then said she asked Westerman if she could go, and he made her lift her shirt again before releasing her.
The next day, she reported it to the Utah County Sheriff's Office.
Investigators said Westerman "used his position to request sexual favors in exchange for not filing criminal charges." Prosecutors said Westerman fondled the woman twice.
The obstruction charge was filed because Westerman "provided false statements" to deputies. Westerman told investigators he was at the accident scene for only 10 minutes. Surveillance video, however, shows he was on scene for more than 50 minutes and the videos substantiated other parts of her story.
Westerman, who began working for Provo in 2006, was fired from the department after an internal review of the incident.
Westerman's attorney, Greg Skordas, pointed out that whatever sentence was given, it should be noted that Westerman also lost his job and would never work as a police officer again.
Patrick said he doesn't think the sentence amounted to justice.
"I knew we wouldn't get what I thought was just and I accept that," he said. "These things have a way of coming back to haunt and I hope that doesn't happen."
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Story written by Emiley Morgan, with contributions from Randall Jeppesen and Sam Penrod.
