HEBER CITY, Utah — Heber City Chief Dave Booth is no longer under investigation by the agency tasked with certifying and disciplining Utah police officers.
Booth was reported to Peace Officer Standards and Training (POST) in 2021, accused of falsifying his training records.
The complaint also accused Booth of “unlawful use of force” and “retaliation against whistleblowers,” which POST said it was not able to investigate under statute.
“POST has determined there is not sufficient evidence, at this time, to show your conduct constitutes a violation of Utah Code Ann. § 53-6-211(1),” wrote Sgt. James Timpson, an investigator for POST. “Consequently, POST is not seeking to suspend or revoke your peace officer certification regarding the above entitled matter. If additional information is brought to the attention of POST, the evidence will be evaluated, and a new investigation may be initiated.”
“POST would like to take this opportunity to remind you that, as a peace officer, your professional and personal conduct is a matter of constant scrutiny. Therefore, you must always maintain a professional and lawful demeanor on and off duty."
Sergeant Jason Jarvie, the officer who filed the complaint, said he thought he could prove Booth lied about his use-of-force training.
Jarvie said he kept detailed records each time he conducted training and that Booth falsely claimed to have attended some of Jarvie’s classes.
“Having instructed these trainings, and reviewing my records, his claim of participating in these trainings is false,” Jarvie wrote. “It’s our obligation within the law enforcement community to police ourselves and provide transparency to the public.”
Lt. Jaclyn Moore, who serves as the bureau chief of investigations for POST, confirmed staff reviewed the documents provided to them by Jarvie.
She intentionally stopped short of saying Booth was “cleared of all wrongdoing” or “innocent.”
“We did not establish clear and convincing evidence that he engaged in a violation,” Moore said. “We did not exonerate him.”
It is possible for a POST investigation to clear the subject of a complaint, but investigators chose not to make that designation for Booth.
The case could be reopened if necessary.
“We don’t have a statute of limitations, so if we do receive new information we will consider new information,” Moore said. “I would encourage (anyone) to reach out to me. We take all complaints seriously, and if they want to email me... I will be happy to take it.”
~14 months later, Heber City Police Chief Dave Booth is no longer under investigation by @UtahDPS.
— Adam Herbets (@AdamHerbets) February 24, 2023
He was accusing of lying about his training records (falsifying a government document).
POST intentionally chose not to "exonerate" him despite not moving forward with a case. pic.twitter.com/FEUIy393be
In response to a public records request, POST declined to release the full case file.
According to recordings obtained by FOX 13 News, Jarvie told investigators that all officers should be treated equally regardless of their rank.
POST agreed.
“Chief Booth not being (at the training) stands out in your memory very clear?” asked Timpson.
“Very clearly, he did not participate in this training,” Jarvie responded.
“What would you like to see done to rectify the issues you’ve put forward in your complaint?” Timpson asked later in the interview.
“Accountability from the lowest guy to the highest guy,” Jarvie answered. “However POST would treat it if a kid in the academy did the same thing, I think that should be applicable to the chief.”
Jarvie was the supervisor of Officer Lucas McTaggart.
In 2021, McTaggart reported Booth for excessive use of force. Body camera video shows Booth repeatedly placing his hands on a suspect’s throat.
Booth did not create a use-of-force report after the incident.
Jarvie forwarded McTaggart’s concerns to the mayor, which launched an internal affairs investigation.
Both Jarvie and McTaggart have since quit the Heber City Police Department.
According to Jarvie’s resignation letter, he left “solely due to the City’s retaliatory actions.”
Heber City agreed to pay $7,800 to Jarvie and another sergeant who also accused the city of retaliation.
FOX 13 News has reached out to Booth several times over the past 14 months for comment.
He has not responded.