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SALT LAKE CITY — A former Salt Lake police officer who pleaded guilty to a misdemeanor crime for his involvement in the Jan. 6 U.S. Capitol riots is requesting his probation be terminated early.
Michael Lee Hardin, of Kaysville, filed the request last month. The government has filed its opposition to the motion on Aug. 1, and a judge has not yet ruled on the request.
Hardin pleaded guilty in January to one misdemeanor count of parading, demonstrating or picketing in a Capitol building. As part of the plea, federal prosecutors dropped three other misdemeanor charges in April.
He was sentenced to 18 months of probation, $500 in restitution, 30 days of house arrest and 60 hours of community service, court records show.
In his motion for the early termination of his probation, Hardin argues that he completed his 30 days of house arrest and 60 hours of community service, and that he paid his fine immediately.
He also claims that U.S. probation officers told him it would be "in the best interest of all" to end his probation early because his case is so low of a priority that it doesn't warrant draining government resources.
"On the other hand, I think that the prosecution would disagree with ending the probation, but merely for political reasons and not practical reasons or what's in the best interest of all involved parties," Hardin writes. "I would hope with a true heart, maybe they may see that I have paid my dues, I am not a threat and overall it would be in the best interest of everyone moving forward."
He continues by saying the events of Jan. 6, 2021, polarized the nation in so many ways — "good and bad, but mostly bad" — and states that he'll never minimize his wrongdoing of entering the Capitol and taking a picture with a bust of President Abraham Lincoln.
However, "I just don't think it to be fair for the U.S. government to keep continuing to upend mine and my family's life by having me on probation," he states.
Hardin also said he's a good man who adores his children and grandchildren, has excellent credit and pays all his bills, and doesn't have a single criminal conviction outside of his Jan. 6 case.
"I ask that I be free from the bindings on the government. I certainly realize more than I can put into words that I should not have walked into the U.S. Capitol on Jan. 6, 2021, Lord knows my family and I have paid a tremendous burden in so many ways for that decision," Hardin writes. "I would love to have my rights restored, be free to travel without assistance or permission, be free to possess firearms, and be free to move as we may want to in the near future."
Hardin writes that he considers himself a "true patriot" who's deeply concerned about the country and who went to Washington "without an ounce of malice."
He'd also like to be employed with law enforcement again in some capacity, his motion states, which he currently can't do under the terms of his probation.
Hardin writes that he served over 20 years with the Salt Lake City Police Department, where he had a "stellar" career, helped "thousands" and received "many" accolades, including service medals and an Officer of the Year award.
His goal is to work homicide cases again, specifically cold cases, he continues; this type of work is "taxing" for many, but it's where his passion lies, he states.
"My family knows how much it means to me to be able to work for the unspoken," Hardin writes. "I would like the opportunity to follow my heart."
Hardin ends by thanking the judge for reviewing his plea and stating, "Just know, my intentions are pure and I am going to put my best foot forward for my family, myself and society."
Federal prosecutors in Salt Lake City, however, take a different view of the matter.
The opposition to Hardin's motion states that if his probation was terminated on the date he filed the motion, he'd served less than 15% of his term.
Hardin's reasons for his appeal — that he "just" entered the Capitol, that any opposition is for "political reasons," and that he wants to possess a firearm, among others — are insufficient, it continues.
"Defendant presents no new information or unforeseen circumstances. Defendant's requested termination of probation would undermine due respect for the law and lead to undue sentencing disparity," the opposing motion states, adding that Hardin's mother-in-law, Kaysville resident Janet Buhler, entered the Capitol at Hardin's prompting and was sentenced to 30 days of incarceration and 36 months of probation.
Mere compliance with the terms of probation does not warrant early termination, the opposing motion says. It also states that Hardin retired from police service in 2017, and it's "unlikely" that any law enforcement agency would hire someone who entered the Capitol on Jan. 6, 2021.
Additionally, Hardin's motion "illustrates a lack of appreciation of the seriousness of his conduct and resulting harm," prosecutors wrote. "While defendant claims that he would never 'minimize' his wrongdoing, his motion does just that."
He was one of only a few rioters who entered the Senate gallery, it continues, and Hardin later claimed during an interview with an FBI agent that, despite his two decades of police service, he didn't realize he'd broken the law or that he would have needed to pass through security in order to enter the Capitol.
Finally, terminating Hardin's probation early would not serve the interests of justice, the court documents state, adding that Hardin received a "very lenient" sentence compared to other Jan. 6 defendants.
"Defendant appears to believe that he was prosecuted 'merely for political reasons,' rather than for his participation in a violent attack on a seat of government," it states. "He does not appreciate the mob's threat to the peaceful transfer of power, the injuries to over 100 law enforcement officers, or the profound amount of property damage."
