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Three Utah Officers Invoke Fifth Amendment in Use-of-Force Investigations

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Three Utah Officers Invoke Fifth Amendment in Use-of-Force Investigations
Photo via Associated Press
Three Utah police officers have invoked their Fifth Amendment rights during use-of-force investigations conducted by Salt Lake County District Attorney Sim Gill this year. Officials suggest this trend may be a response to rising public criticism of law enforcement.

Key takeaways

  • Three Utah officers invoked their Fifth Amendment rights in recent use-of-force investigations.
  • The Utah Fraternal Order of Police attorney is advising clients not to speak due to concerns over unbiased judgment.
  • District Attorney Sim Gill maintains that his case decisions are based on facts and the law, not politics.
  • Gill noted that while officers have a right to silence, it can foster distrust within the community.

Three police officers in Utah have exercised their right against self-incrimination during seven use-of force investigations completed this year by Salt Lake County District Attorney Sim Gill.

While the refusal to provide statements to prosecutors is a trend seen across the country, officials in the Salt Lake City area, including Gill, believe it is a general response to increasing public criticism of police, according to reporting from The Salt Lake Tribune.

Bret Rawson, an attorney for the Utah Fraternal Order of Police, noted that officers have historically cooperated in use-of-force investigations, such as police shootings, even when doing so went against their Fifth Amendment interests.

Rawson stated he has been advising clients not to speak because he and others in law enforcement believe District Attorney Sim Gill is not capable of rendering unbiased judgment. Rawson suggested that Gill might pursue criminal charges against officers to bolster support for his re-election, noting that the police union has endorsed Republican Nathan Evershed for the position.

An attorney representing the three officers involved in the recent investigations characterized the situation as a Sim Gill problem.

Sim Gill stated that his decisions are not motivated by politics and that he decides cases based on facts and the law. He said his responsibility is to work for the citizens of Salt Lake County rather than working for law enforcement.

During his eight years in office, Gill has evaluated approximately 65 police shootings. Four of those shootings were found to be unjustified, resulting in charges against two officers.

While Gill acknowledged that officers are acting within the law when they decline to provide statements, he expressed concern that their silence could increase community distrust. He noted that without officer explanations, families may never learn the full reasons for a shooting and emphasized his goal to answer questions for the community.

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