ROY, Utah — Prosecutors with the Salt Lake County District Attorney's Office have declined to file charges against four detectives with the Roy Police Department who were placed on leave after facing allegations related to a sexual misconduct allegation at Snowbird ski resort.
Deputies with the Salt Lake County Sheriff's Office initially responded to the resort in May because of a medical emergency, which was later investigated as a sexual assault.
The detectives were at the resort because of a training event.
FOX 13 News learned that a sexual assault forensic exam was performed during the early parts of the investigation.
Initially, four of the officers were placed on leave, with one being quickly reinstated after it was determined that he was not at the event. The remaining detectives were identified as Andrew Mortimer, Benjamin Pearson, and Zachary Jones.
The declination letter referenced a "hot tub video" and allegations of sexual misconduct in "the locker rooms or sauna."
"[T]he State is unable to prove the suspects in this matter knew or should have know that (the alleged victim) could not consent to the activity appearing to be sexual in nature in the hot tub video," wrote Chief Deputy District Attorney Anna Rossi Anderson. "The burden of proof placed on the prosecution per (State v. Barela) presents a challenge that the admissible evidence cannot overcome. Moreover, there is insufficient evidence that activity of a sexual nature continued in the locker rooms or sauna, or while (the alleged victim) was unconscious."
Prosecutors went on to say the declination "should not be construed as our office doubting the veracity of (the alleged victim)'s claims."
"Multiple experienced prosecutors unanimously agreed that the admissible evidence in the case does not meet the legal and ethical requirements for a criminal prosecution," Anderson wrote.
Roy Police Chief Matthew Gwynn stated the three officers will remain on administrative leave as the department now begins an internal affairs investigation.
