Estimated read time: 3-4 minutes
- A Department of Natural Resources officer shot Joshua David Boggess, 42, in Duchesne, southeastern Utah.
- Boggess faces charges including aggravated assault and DUI.
- Boggess is recovering from injuries and undergoing mental health treatment in Salt Lake.
DUCHESNE — A 42-year-old West Valley man shot by a Utah Department of Natural Resources officer last month in eastern Utah will be back in court on May 20.
On April 15, law enforcers in the Duchesne area were on the lookout for a pickup truck connected to Joshua David Boggess. A Department of Natural Resources officer pulled over the vehicle at about 10 p.m. near 470 W. Main. The traffic stop resulted in the officer shooting Boggess, but no other information was released at the time.
Boggess, who suffered non-life-threatening injuries, was charged on April 24 in 8th District Court with aggravated assault, a third-degree felony; DUI, a class A misdemeanor; carrying a weapon while under the influence and being an alcohol restricted driver, class B misdemeanors; and having an open container of alcohol in the car, a class C misdemeanor.
According to an arrest warrant affidavit, Boggess's family had contacted law enforcers, saying that he was suicidal, was drinking alcohol and had a gun with him. An "attempt to locate" was broadcast to officers in Salt Lake County. Later, a second "attempt to locate" bulletin was issued for officers in the Uintah Basin when it was learned that Boggess may be headed to Duchesne, the warrant states.
A third bulletin was issued when witnesses spotted a pickup truck driving recklessly. Not long after, a DNR spotted the pickup being driven by Boggess and pulled it over.
"The DNR officer stated that Boggess was slow to respond when asked questions, had slurred speech and erratic behavior. The DNR officer stated that Boggess informed him that he was armed and indicated that he would kill himself or that the officer would have to 'do it for him,'" according to the arrest warrant.
The officer claimed Boggess then produced a handgun "and pointed it in his direction," resulting in the shooting.
In his motion to have the warrant recalled, however, Boggess' attorney argued that "at no time did he threaten to do injury to the officer."
"Mr. Boggess (did), in fact, produce the weapon at the request of the officer, who had been advised prior to pulling him over that he had a weapon. Mr. Boggess did not attempt to do any bodily harm. He simply produced the weapon as requested. Mr. Boggess did not threaten the officer," the motion states. "There was no threat ever made to the officer. He clearly did not commit an act of unlawful force or violence."
Department of Natural Resources officer shoots, injures man in Duchesne County
An officer with the Department of Natural Resources shot and injured a man shortly after pulling over a vehicle in Duchesne County Tuesday night.According to the motion, Boggess was shot five times and was taken to St. Mark's Hospital, "where he is undergoing therapy after having his elbow rebuilt with bone graft and is receiving daily therapy and having his wounds treated daily for their recovery."
"Upon being released from the hospital, he will be staying with his parents in Salt Lake County … for continued medical treatment. While there, he will be under 24-hour supervision," the motion continues. "He will be getting therapy for his depression and underlying mental health issues, which caused him to become suicidal. He is currently not suicidal. It was never his intent for the officer to be hurt."
Although Boggess showed up for his initial court hearing, a judge denied the motion to recall the arrest warrant, instead leaving it outstanding while Boggess remains out of custody and continues to receive treatment.
