HEBER CITY, Utah — Wasatch County spent tens of thousands of dollars to investigate their own sheriff.
Months later, the county has implemented few of the recommendations — in some cases, disagreeing with the recommendations entirely.
Retired Judge Richard McKelvie conducted the investigation into Sheriff Jared Rigby and his department. He interviewed more than 30 employees of the Wasatch County Sheriff’s Office, many of whom painted a picture of a sheriff who intimidates deputies and interferes with criminal cases.
One of the most common themes listed in the report related to “serious morale problems.”
But in its response to the investigation, the county instead characterized the investigation as resulting in “no findings of gross mismanagement” and “no major findings.”
McKelvie said he was surprised. He disagreed with the editorialization of his report.
“I would characterize the report as speaking for itself,” McKelvie said. “I had no hand in drafting that (language), nor did I see it in advance of its release.”
Rigby has faced some of the same accusations year after year.
In his report, McKelvie documented similar concerns to the ones that prevented Rigby from obtaining a powerful state position in 2023.
At that time, a FOX 13 News investigation exposed a video of Rigby accused of bullying and intimidating a police officer.Governor Spencer Cox appointed Rigby to be the next leader of Peace Officer Standards and Training. But upon learning of the video, Rigby's swearing-in ceremony was postponed and ultimately canceled.
Rigby resigned his position as sheriff in order to accept the POST Director position.
When he did not get the job, Wasatch County allowed him to return.
Rigby has declined interviews with FOX 13 News since 2022.
Grabau said he did not view the department’s “serious morale problems” as a major finding because it was not surprising.
“I think there are perceptions of unfairness,” Grabau said. “We’ve had people resign over the last year or so, and some of them have expressed their concerns to me directly... I’ve had issues in multiple departments with morale.”
Throughout the investigation, employees reported Rigby for rarely being seen at work. Instead, they believe he spent more time at his other full-time job in Provo as a police officer with the Brigham Young University Police Department.
Deputies said they rarely applied for promotions because they believe Rigby played favorites and manipulated the testing process.
“I talked to two individuals who actually indicated to me that they had received answers from the sheriff or the undersheriff for lieutenants exams,” McKelvie said.
Two other witnesses reported seeing Rigby take photos of the lieutenant exam and texting them to a candidate for the position.
Rigby denied the allegations.
"Whether it’s true or not is almost irrelevant,” Grabau said. “The perception that it’s true is something that we want to address.”
“There often is fire where there’s smoke, but it was not my charter, I guess, to either find the fire or put it out,” McKelvie said.
Todd Bonner, who served as Wasatch County Sheriff from 2009 to 2019, was also interviewed as part of the investigation. He said he started hearing complaints about Rigby as soon as he left office.
“I put my name on the line for Sheriff Rigby (by endorsing him), and it has backfired,” Bonner said. “It’s been a big disappointment for me.”
Grabau acknowledged the findings show something more than just “typical office politics.” Deputies who interviewed with McKelvie cited dysfunction so deep that it threatens public safety.
McKelvie was particularly concerned with the way Rigby interfered in a homicide investigation. The report found Rigby prevented detectives from arresting a suspect who shot and killed a man before burying the gun in his backyard.
After the shooting, Greg DeBoer reportedly drove off without reporting the case to police.
“As the primary detective and other very experienced officers prepared to execute the search warrant, they were instructed by Sheriff Rigby and Undersheriff (Josh) Probst not to arrest the suspect, regardless of what was found in the search,” McKelvie wrote. “An important potential opportunity for the subject to be interviewed by an investigator familiar with the case was lost.”
DeBoer was only charged with obstruction of justice due to the possibility of a self-defense argument. He has pleaded not guilty to the obstruction charge.
The victim, Patrick Hayes, was 61 years old.
Sue Ann Kern, his fiancée,said she did not learn specifics about the investigation until reading McKelvie’s report.
“We were appalled,” she said. “I am extremely frustrated that things were handled the way they were.”
McKelvie further documented how Rigby interferes with investigations even though he does not have, by his own admission, “significant training or experience in criminal investigation.”
As such, McKelvie recommended the county implement a policy that prevents inexperienced administrators from interfering with the work of experienced detectives. The county has rejected that recommendation because elected officials have the ability to manage their own departments as they see fit.
"Do you see (Rigby) taking a step back?” asked FOX 13 News investigative reporter Adam Herbets.
“I don’t know necessarily that he should, that he will, or that he should,” Grabau responded.
“It’s not any different than the CEO of McDonalds coming down to handle the counter and make hamburgers,” McKelvie said. “I don’t know who runs your (news) organization, but they’re not down here whispering questions in your ear.”
Members of the Hayes family said they were not aware ofRigby’s inexperience with criminal investigations.
“I had no idea,” Kern said. “He’s the sheriff. He’s in charge. He should know how to do this... If you’re not experienced. Then you should let the people who do know what they’re doing take care of it.”
Lt. Shane Fredrickson oversaw the case. He has since retired.
“It’s the worst situation I’ve ever been in in my career,” Fredrickson said. “(DeBoer) needed to be arrested... How do you issue an order like that?”
Rigby also removed another investigator from the case prior to the arrest.
“The county can whitewash it and circle the wagons and try to avoid it all, but it’s there,” said Jim Bradshaw, an attorney representing the Hayes family. “The assigned detective, his former lieutenant, and the Summit County Sheriff are all of the opinion that a homicide charge should be pursued... It’s all on video, and it’s all clear.”
McKelvie wrote there was “compelling evidence... for a homicide charge.”
Bradshaw has been a criminal defense attorney for 42 years, with experience defending people on the basis of self-defense. He characterized a potential homicide charge as “straightforward” for prosecutors because defendants cannot argue self-defense if the shooter was the initial aggressor, engaged in mutual combat, or committed a felony.
He believes at least one of those exceptions could apply.
“Mr. Deboer followed (Hayes),” Bradshaw said. “He clearly tried to hit (Hayes) with his car.”
Wasatch County disagreed, stating Hayes exited his vehicle and may have been in an aggressive stance when he was shot.
Members of the Hayes family said they were disappointed to see the county downplay the impact of Rigby’s interference with the case.
“How would his wife respond if he was the one that was killed?” Kern said. “Would they think that was ‘gross’ misconduct?”
“(Rigby) has been tasked with policing himself,” said Patrick Hayes’ older brother, Matthew Hayes. “I don’t think anything will happen.”
Some of the allegations against Rigby were criminal in nature. In response, Rigby volunteered to be the subject of a criminal investigation. Potential witnesses said they refused to cooperate with the case because Rigby chose his own investigator, another sheriff in a neighboring county.
“That’s bizarre. That’s laughable,” said Fredrickson. “For somebody to choose their own investigator is ridiculous. I don’t know who would trust that.”
McKelvie agreed that the subjects of criminal investigations should not choose their investigators.
"It certainly wouldn’t be the objectively reasonable thing to do for people who are in these positions," McKelvie said.
McKelvie's investigation did not focus on criminal conduct, and he did not make any "formal referrals."
Grabau said the McKelvie investigation cost the county at least 34,000 dollars and that it was “well worth the money.” He said the county is continuing to evaluate potential changes in county policy relevant to McKelvie’s recommendations.
“Government moves slowly, at times, on purpose,” Grabau said. “It’s because we want to be careful... We have a lot of public trust in us, and whenever we make decisions we take time to make sure we’re doing it right.