DeBoer was not arrested, nor charged, in connection with the death of Patrick Hayes, 61, of Hideout.
DeBoer was instead arraigned in court Friday on one count of obstruction of justice for allegedly burying the weapon used in the shooting. The charge is a second-degree felony, which carries a penalty of up to 15 years in prison.
Arrested on Monday, DeBoer had been held without bail in the Wasatch County Jail. But his attorney Andrew Deesing successfully argued for DeBoer’s pretrial release.
Fourth District Judge Jennifer Mabey granted $20,000 bail and will require an ankle monitor.
She also granted prosecutor McKay King’s request for protective orders. DeBoer will not be allowed to contact an unnamed witness in the case, nor five of Hayes’ family members.
“The underlying event is tragic, and it's an emotional case,” Mabey said Friday afternoon. She added there are two main factors she’s assessing regarding pretrial release: one is if the defendant is a flight risk, and the second is the risk to the community.
“The risk to the community involves whether I believe that Mr. DeBoer would take similar action again, or hurt someone in the community,” Mabey said, the “action” being the obstruction of justice charge. “It also involves whether there are factors that can be put into place that would be able to mitigate that potential risk.”
Attorneys on both sides say DeBoer has no criminal history.
Deesing assured the judge DeBoer has many community connections and is not a flight risk.
DeBoer lives largely off the grid in Browns Canyon, where he and his girlfriend plow the road themselves. The attorney says DeBoer is also the sole caregiver for his mother, who is in her 90s and has dementia.
He also pointed to the months-long investigation, during which DeBoer did not flee.
Investigators say the man admitted to shooting Hayes and burying the gun near his Browns Canyon home. They also say DeBoer claims he acted in self defense.
