Police ID Layton man killed in shootout with Clearfield officers


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CLEARFIELD — A Layton man who police say fired multiple rounds at officers was shot and killed when officers returned fire early Wednesday.

Benjamin Heaton, 31, was shot and killed while on top of the roof of a detached garage.

The incident began about 11:35 p.m. Tuesday when a Clearfield police officer spotted a car that had been reported stolen out of South Ogden, said Clearfield Police Lt. Kelly Bennett. Heaton and a woman were inside the vehicle which had pulled into a driveway on Fern Drive and was about to stop.

"When he saw the officer, that's when he ran," Bennett said.

Heaton got out of the car and ran a short distance to a house with a detached garage at 456 N. Fern Dr. in Clearfield, Bennett said. He was somehow able to climb onto the roof.

"The officers immediately began negotiations with the male and he failed to comply with any orders the officers gave him," he said.

When the officers spotted a gun, backup units were called. Bennett said Heaton made threats towards officers.

"Throughout the negotiations, the male continued to not comply with officers and he elevated the situation by shooting rounds off from his handgun. This continued throughout the negotiations," the lieutenant said. "Because of his actions and the elevation of the threat and the safety concern for the residents that were evacuated from Fern Drive, a multi-agency SWAT team was dispatched to the situation."

Four homes on Fern Drive were evacuated. No residents were injured.

As police continued to negotiate for a peaceful resolution, Bennett said Heaton continued to make threats and "at one point he did mention he was going to kill an officer."

Sometime between 4 a.m. and 5 a.m. Wednesday, as Heaton continued to escalate the tense situation with his actions, he fired shots at officers and police returned fire, Bennett said.

"It's difficult when we come in contact with a male under these circumstances and he fails to comply with any order or communication with the police department. It comes to a point where we determine his actions and the threat to public safety causes the police department to appropriately respond with deadly force in this case," he said.

Clearfield released few details Wednesday about the shooting portion of the investigation.

Bennett did not know how many shots Heaton fired, how often he fired or whether every shot fired was directed toward an officer. He also declined to say what other police agencies responded to the scene, how many officers fired at Heaton or how many shots were fired by police.

The woman in the car, Charlene Johnson, 21, of Ogden, was arrested for investigation of "offenses related to the vehicle theft," Bennett said.

According to state court records, Heaton was charged June 3 in 2nd District Court with felony drug possession. A warrant for his arrest was issued July 12 for failing to show up for court. Heaton was also charged with misdemeanor drug paraphernalia possession on June 28. A warrant was issued on that case on Tuesday for failing to show up of court.

Heaton's criminal history over the past 12 years includes charges and convictions for mostly theft, burglary and drug-related crimes, according to court records.

In 2013, Heaton was convicted of threat of violence, a class B misdemeanor, for threatening an Ogden police officer and his family, according to charging documents. Heaton had spotted an Adult Probation and Parole officer walking down the street and ran, sparking a foot pursuit. When he was taken into custody a block later, he threatened the officer's family.

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