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MONTICELLO — The case against the San Juan County sheriff and two of his deputies are being laid out in a preliminary hearing today.
Prosecutors allege that San Juan County Sheriff Richard "Rick" Eldredge pointed an unloaded assault rifle at an employee and pulled the trigger two years ago.
Eldredge, who is still acting as sheriff in the county, is charged in 7th District Court with retaliation against a witness, a third-degree felony; obstruction of justice, a class A misdemeanor; and official misconduct, a class B misdemeanor.
Identical charges were filed against Chief Deputy Alan Freestone, 57.
Additionally, Eldredge is charged with reckless endangerment, a class A misdemeanor.
Sgt. Robert Wilcox, 46, faces the same reckless endangerment, obstruction of justice and official misconduct charges.
The case is being prosecuted by the Utah Attorney General's Office.
According to the charges, on May 26, 2015, Eldredge was in the parking lot of the San Juan County Sheriff's Office with Wilcox, the firearms range master sergeant, to handle a newly purchased assault rifle for the department.
A San Juan County sheriff's employee, described as a "witness" in charging documents, said he was "walking through the parking lot with his back turned to Eldredge and Wilcox when he heard the click of the trigger pull. When he turned around, he saw Eldredge pointing the assault rifle at him and heard Wilcox chuckle," the charges state.
The witness said Eldredge had "previously confronted" him, according to the charges.
When investigators initially began asking about the gun incident, the sheriff "failed to recall the incident," charges allege.
However, on Nov. 15, 2016, Eldredge "admitted that he engaged in the conduct directed at the witness," the charges state.
Rather than have an outside agency investigate the claim, Eldredge assigned his chief deputy, Freestone, to conduct an internal investigation. Freestone, "to protect the sheriff, did not conduct a proper investigation," the attorney general's office wrote in the charges.
Related:
San Juan sheriff to remain on duty despite felony charge
San Juan County's sheriff, chief deputy and another deputy will remain on active duty despite two of them facing felony charges."Freestone's investigation had incorrect dates, incorrect paperwork, and missing or no audio interviews. On May 26, 2016, Freestone closed his investigation, indicating that the alleged shooting range incident did not happen," according to the charges.
Eldredge and Wilcox are accused of giving false statements last August to a special agent from the attorney general's office investigating the incident.
Then on Jan. 25, Eldredge and Freestone wrongly told the witness "that all investigations were concluded and found to have no merit," the charges state. Afterward, the witness was placed on administrative leave and then fired from the sheriff's office in February "in retaliation for reporting a complaint."
Following the preliminary hearing 7th District Judge George Harmond will determine whether there is sufficient evidence to order the men to stand trial on the charges.
If convicted, each of the three men could be sentenced to up to five years in prison.
