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SALT LAKE CITY -- It's now been more than two months since an off-duty sheriff's deputy fired his gun inside a crowded downtown night club during a fight and struck a man.
Last week, officials from the Salt Lake County District Attorney's Office told KSL News they would file no charges against the deputy, but would not release the deputy's toxicology report. On Monday we received that report.
The report states Salt Lake County sheriff's Deputy Rudy Chacon's blood alcohol level is .01 -- well below the threshold for safe driving.
Last week, District Attorney Lohra Miller told us Chacon admitted he had been drinking that night, but would only say his level was "very low" and would not tell us exactly when Chacon was screened.
Now, we've obtained the report, but a DUI attorney tells us it is incomplete. The report does not disclose the date or time of the testing. It also says there are three pages of the report, but we were only given one page.
Salt Lake City police cited Utah Code 63-G 2-305, which states: "Disclosure could be expected to interfere with investigations undertaken for enforcement, and disclosure could reasonably be expected to interfere with enforcement proceedings."
A local DUI defense attorney told us he sees several issues with the report we were given.
"Clearly the date and time is key information. Without the date and time, the report is really meaningless," said attorney Joseph Jardine.
The district attorney's office told KSL News it did not release the toxicology report originally because it was part of an ongoing investigation, with the city prosecutor's office, against the brother of the shooting victim. That brother is accused of assaulting a city police officer and sexually assaulting a woman in Deputy Chacon's party that night.
KSL News has also requested the surveillance video from the night of the shooting, and our request has been denied. We've been told it is also a part of the city's investigation.