Wasatch County hired retired Judge Richard McKelvie in March to conduct an independent investigation into the sheriff’s office.
According to the 65-page report released Friday, McKelvie identified seven areas of concern, including misuse of public funds and resources by Wasatch County Sheriff Jared Rigby, who allegedly used a county vehicle to drive to his second job in Provo. Employees described Rigby as an “absentee” sheriff who “is never in the office.”
The report also says the sheriff intervened in criminal investigations, including the 2024 fatal shooting of Patrick Hayes at Jordanelle State Park.
KPCW reached out to Rigby who had not returned the request for comment Friday evening.
The independent report indicates “perceived favoritism” and inappropriate conduct in the hiring and promotion process has resulted in “serious morale problems” within the department.
Heber City Police Chief Parker Sever and Summit County Sheriff Frank Smith both expressed their partnerships with Wasatch County had "deteriorated significantly” under Rigby’s leadership, to the extent that some joint task forces and other joint operations had been abandoned.
McKelvie wrote the report makes no specific findings of fact, but rather is forwarding evidence to the Wasatch County Council, county attorney and county manager to review “for potential policy changes and further action.”
The investigation, which involved interviewing about 30 current and former sheriff’s office employees, did not look into any criminal activity.
Wasatch County issued a press release Friday saying the report “found no gross mismanagement or illegal activity.”
In a statement, county manager Dustin Grabau said the review and recommendations “provide a clear path forward to improve operations and perceptions of the sheriff’s office.”
Allegations of absenteeism and misuse of public funds
Many witnesses expressed that Rigby was an “absentee” sheriff and that they rarely saw him in the office. Along with his elected role as county sheriff, Rigby maintains a full-time job as a police officer at Brigham Young University.
According to the report, the sheriff said he works two to three 12-hour shifts on weekends at BYU, usually at night. He acknowledged he drives his county vehicle to Provo every day, and that the fuel he uses is paid for by the county.
Rigby said he maintains a fairly consistent schedule in the office Monday through Thursday, during regular business hours, and is on call at all times.
That was contradicted by many witnesses who said he was rarely in the office, and that undersheriff Josh Propst is the “de facto” administrator in charge of day-to-day operations.
A Wasatch County Sheriff’s Office policy allows officers to use their vehicles off-duty within a 50-mile radius of their home, including for approved secondary employment. The report says the policy “was likely drafted and implemented” by the sheriff’s office, although the county council is required by code to approve all official policies.
County manager Grabau told McKelvie there are “department level” policies intended to address items outside the scope of a county-wide policy.
Summit County Sheriff Frank Smith was interviewed as part of the investigation to get a sense of other department’s policies. Smith said Summit County deputies are not allowed to use vehicles for personal use off-the-clock.
There are also allegations that Rigby sought to use public funds for a post-election banquet and gifts to other elected sheriffs in Utah.
Patrick Hayes investigation
The report includes concerns that Sheriff Rigby and Undersheriff Josh Propst immersed themselves in investigations “in a manner that frustrated detectives and deputies.”
The report says experienced investigators believe that unnecessary intervention robbed them of the potential ability to gather critical evidence to support charges including homicide.
Most notable was the investigation into the fatal shooting of Patrick Hayes at Jordanelle State Park in September 2024.
Hayes’ relatives expressed frustration that Rigby was dismissive of their concerns and told them there was compelling evidence that Browns Canyon resident Greg Kyle DeBoer acted in self-defense.
DeBoer told investigators he shot and killed Patrick Hayes in self-defense near Jordanelle following a road rage incident. He also admitted to burying the gun near his home and was charged with one count of obstruction of justice, a second-degree felony.
“The primary detective assigned to the case, who no longer is employed by [the Wasatch County Sheriff’s Office], identified the suspect and wrote a comprehensive and thorough search warrant affidavit to search the suspect’s home,” the report states.
Officers were instructed by Rigby and Probst not to arrest the suspect, regardless of what was found in the search at DeBoer’s home, the report states.
The search uncovered the weapon used in the shooting, but DeBoer was not arrested. According to the report, that cut off any chance of a “post-arrest interrogation” that could have uncovered potential additional evidence.
Allegations of retaliation and favoritism in hiring
Two witnesses recounted watching Rigby text photos of the lieutenant's exam to a candidate for the position.
In a separate incident, one witness described a four-hour phone call with Rigby, in which the sheriff went through every question and answer on the lieutenant's exam.
The witness subsequently passed the exam with the highest grade.
Sheriff Rigby flatly denied passing on test questions and answers during the investigation.
“Many expressed to me that they no longer applied for promotion or pursued other positions within the department because they believed the effort would be futile, since the promotion decision had already been made,” McKelvie’s report says.
Of the 30 people interviewed, the report states numerous witnesses said they had ended their law enforcement careers much earlier than planned as a result of the atmosphere at the Wasatch County Sheriff’s Office.
The report also highlights a widespread perception in the sheriff’s office that duty and shift assignments “are used as reward or punishment for perceived loyalty.”
McKelvie wrote that some sheriff’s office employees were reluctant to meet with him after a picture of the dispatch center was posted on social media.
The background of the photo showed a security camera monitor displaying the entrance to the building where the retired judge was conducting interviews. In response, McKelvie conducted the interviews in other locations, including the Heber City Police Department and the homes of subjects.
The report says two sworn officers were placed on extended administrative leave after filing complaints or grievances against the office.
Separately, a corrections officer was put on paid leave after they agreed to an interview with McKelvie for this independent investigation.
McKelvie wrote that the “the timing left a clear impression that placing this employee on administrative leave was an act of retaliation in response to her interview with me.”
Recommendations
The report’s conclusion highlights several recommendations for Wasatch County officials.
Those include directing the county auditor to investigate the allegations of financial mismanagement outlined in the report, along with amending test and promotion procedures. McKelvie also suggested the county review the duty and shift assignment process, establishing written agreements with other agencies, and change the policy regarding the use of county property.
McKelvie’s inquiry was one of two reviews of the department this year. When the allegations were raised in March, Rigby asked the Cache County Sheriff’s Office to conduct an independent criminal investigation.
In a footnote to his report, McKelvie said he learned “that the investigation was closed without a finding of chargeable criminal conduct.”
Concerns about misconduct and retaliation inside Wasatch County Sheriff Jared Rigby’s office first surfaced in a letter sent to the county council in January from an attorney for a Lt. Shane Fredrickson.
Rigby’s nomination to lead Utah’s police academy was rescinded in 2023 after a video surfaced from an internal affairs investigation about an excessive use of force case involving Heber’s former police chief. The sheriff claimed the video had been taken out of context and spliced together to make it appear that he was threatening a newer recruit about his career prospects.
Now Wasatch County will review McKelvie’s findings and determine what actions should be taken, if any, to address the documented concerns.
A link to the full report can be found here.
