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SALT LAKE CITY — Two people were charged with lying on a gun purchase form to buy a gun that was later loaned to another man who used it to kill University of Utah track athlete Lauren McCluskey in October 2018, according to a federal indictment unsealed in U.S. District Court Wednesday.
The indictment alleges Sarah Emily Lady, 24, of Mapleton, and Nathan Daniel Vogel, 21, of Millcreek, "knowingly made false and fictitious statements intended to deceive a firearms dealer while purchasing a firearm," according to the Utah district of the Department of Justice. Officials say the Beretta PX4 Storm .40-caliber handgun they purchased on Sept. 8, 2018, was eventually loaned to Melvin Shawn Rowland on Oct. 17, 2018.
University of Utah police say Rowland used that gun to McCluskey five days later.
The indictment Wednesday centers around how that gun was purchased. Federal officials say both committed a "straw purchase" of the gun. A straw purchase is when someone lies on a Bureau of Alcohol, Tobacco, Firearms and Explosives form to buy a gun for another person who is either prohibited from owning a gun or doesn't want to wait for a background check to be completed. Lying on the ATF form is illegal.
"Rather than tell the truth and wait for a time period that he thought he would have to wait, (Vogel) wanted the gun immediately, so he convinced this young lady to lie on his behalf," U.S. Attorney John Huber, who signed the indictment, said Wednesday on KSL Newsradio's "Jeff Caplan's Afternoon News."
Lady and Vogel began texting each other about the gun purchase on Aug. 30, 2018, and up until Sept. 8. On that day, they agreed to meet up at Impact Arms in South Salt Lake, the indictment alleges.
It states that surveillance video from the store showed Lady and Vogel looking at several guns and, at one point, Vogel asked a sales clerk about the Berretta handgun that was eventually purchased. About 30 minutes later, Lady "applied to purchase the (gun). Lady filled out the Firearms Transaction Record, ATF Form 4473 with her information, answering yes to question 11(a) asking if she is the actual transferee/buyer of the firearm," the indictment states.
The indictment notes that Lady's background check was completed in about 10 minutes and she was allowed to purchase the gun, which she paid for in cash.
"Immediately after the purchase, Lady handed the firearm to Vogel and the firearm remained in his possession until Oct. 17, 2018. On (that day), Vogel loaned the firearm to an acquaintance, identified as (Rowland)," the indictment stated.
The indictment doesn't accuse either Lady or Vogel of being responsible for McCluskey's death, but their actions certainly played a part, Huber said.
"Without this type of conduct that was alleged in the indictment, this particular handgun would not have been used to take Lauren's life," he said.
We hope for additional accountability of the individuals who did not protect Lauren.
–Jill McCluskey
Jill McCluskey, Lauren's mother, said Wednesday she is glad to see Lady and Vogel charged, but added that she hoped to see "additional accountability of the individuals who did not protect Lauren."
"We applaud the U.S. Attorneys for pursuing charges against the individuals who lied and conspired to buy the gun that was used to kill our daughter," she said in a statement provided to KSL. "Still we note that the University of Utah housing staff were informed that our daughter’s killer said he planned to bring the gun to campus, and they did nothing."
Lady was arrested in Salt Lake City Tuesday and was booked into the Davis County Jail overnight, according to DOJ spokeswoman Melodie Rydalch. Lady pleaded not guilty during an initial appearance in U.S. District Court in Salt Lake City Wednesday afternoon and she was released with several conditions, including a no-contact order with Vogel and prohibition on possessing firearms or weapons, according to a statement from the DOJ.
Public defender Benjamin C. McMurray, who was appointed to represent Lady, declined to comment further on the case when contacted by KSL.com.
An arrest warrant was also issued for Vogel.
McCluskey’s murder led to a pair of bills brought up at Utah’s Capitol in an effort to create more safety and hold those who loan guns to others responsible for felony crimes they may commit.
On Wednesday, a proposed bill to improve campus safety across Utah’s public colleges passed through the state’s House of Representatives. SB134 just needs Gov. Gary Herbert’s signature to become law.
The bill requires state colleges to develop a campus safety plan and a campus safety training curriculum.
Related:
Second Utah House committee rejects 'Lauren's Law'
A Utah House committee unanimously voted to hold HB190, nicknamed “Lauren's Law,” after a motion to move it forward failed with a 3-9 vote. The bill would allow a gun owner to be sued if the owner lends a gun and it is used in a violent felony.The bill requires state colleges to develop a campus safety plan and a campus safety training curriculum.
A bill known as “Lauren’s Law” that would allow a gun owner to be sued if the weapon was loaned to another person and that person used the gun to commit a violent felony, failed to pass through the Utah House Judiciary Committee on Monday.
Last month, the University of Utah also announced policy changes in the wake of McCluskey's death. The officer who handled the case no longer works at the school's Department of Safety, school officials said last week.
Contributing: Jeff Caplan, KSL Newsradio; Andrew Adams, KSL TV
