Investigators say DeBoer admitted to shooting Hideout resident Patrick Hayes after a late-night altercation, then burying the gun near his Browns Canyon home. DeBoer said he acted in self-defense. He was charged with felony obstruction of justice in December 2024, but not with the shooting itself.
A few months later, Hayes’ son sued DeBoer for wrongful death.
At a hearing Friday, March 20, in Summit County’s 3rd District Court, attorneys argued about whether the wrongful death suit – a civil matter – can proceed while the criminal obstruction case is still in progress.
Judge Richard Mrazik said he’ll allow at least some discovery in the civil case. Discovery is the process of gathering and sharing information to prepare for a trial. It allows both sides to know what evidence can be used in a legal proceeding.
“The court acknowledges that there is likely a broad swath of documentary and third-party discovery that will not implicate defendant’s Fifth Amendment rights, and the court sees no reason why the parties should not begin engaging in that, in parallel with the criminal matter,” he said.
The Fifth Amendment gives people the right not to incriminate themselves.
Adam Goff, who’s representing DeBoer in the wrongful death case, said he was concerned about his client giving any testimony or confirming any facts of the case before the obstruction charge is resolved.
“Taking any position, even if it were just to deny, that may hamstring my client’s ability to later raise affirmative defenses, some of which may rely on the truth of some of those factual allegations,” he said.
Meanwhile, Hayes’ attorney, Lynna Shin, said the court must balance DeBoer’s rights with Hayes’ rights.
“There are many other forms of evidence that are not off the table, and we do not want to have the plaintiff robbed of their right to assert their case,” she said.
Mrazik agreed.
He said DeBoer has until April 17 to answer Hayes’ complaint. To protect DeBoer’s rights, if DeBoer issues a blanket denial, the judge will consider allowing him to later amend that answer after the criminal case concludes.
DeBoer’s attorneys also have the right to try to block certain types of discovery.
Meanwhile, the criminal obstruction case is continuing in Wasatch County. A three-day jury trial is scheduled for January 2027.
