Salt Lake Criminal Defense Attorney - Clayton Simms

new_clayton_about A criminal charge, whether it is a felony or misdemeanor, can be a life changing event. Clayton Simms is a fierce advocate for people who have been charged with misdemeanor and felony offenses. He represents clients who are facing charges in Salt Lake City and Greater Salt Lake County. In addition, he also represents clients along the Wasatch front. Clayton Simms represents defendants in other crimes Clayton has represented athletes, doctors, lawyers, and other notable people and has been featured on the news. Do you have a legal question? Contact Clayton Simms today!

Penalties Increased for Flying Drones over a Wildfire in Utah

Following repeated disruptions to wildfire suppression in southern Utah, lawmakers have increased penalties for flying drones over an active wildfire and authorities now have permission to disable or destroy the pesky unmanned aircraft.

Saddle Fire

U.S. Fish and Wildlife Services

U.S. Fish and Wildlife Services

A lightning strike on a mountainous ridge southwest of the small town of Pine Valley, Utah started a fire that has now been burning for over a month, threatening residents and destroying nearly 2,300 acres of coniferous trees in the Dixie National Forest. While the blaze was naturally occurring and not human-caused, someone has repeatedly slowed fire control efforts and put homes and lives at risk by flying hobby drones nearby.

Safety risk

Drones above Wildfire

Photo by: Tony Alter

When a drone is spotted near a wildfire, attending fire crews will ground all aircraft needed to fight the blaze. This is due to the risk of the unmanned drones colliding with a human occupied fire control aircraft and damaging a helicopter’s rotor blades or being sucked through the intake. Any collision of the two aircraft would risk the safety of the individuals flying the helicopter along with those on the ground.

Every minute counts

Photo by: Texas Military Department

Photo by: Texas Military Department

Every minute counts when fighting wildfires. When fire suppression aircraft are grounded even for a brief amount of time, wildfires can shift and grow rapidly which further hinders any chance of containment. The containment of the Saddle Fire in southern Utah has seen multiple delays due to drones flying in the restricted area. Following the first delay the fire grew and moved quickly, causing an evacuation order to be issued for the residents in Pine Valley. Following these and many other wildfire suppression delays, laws have now been changed.

Penalties for drones near wildfires

Photo by: Bureau of Land Management

Photo by: Bureau of Land Management

The drone bill HB0126 signed last Wednesday now allow authorities to jam a drone’s signal to bring it down and increase charges to: a class B misdemeanor for flying in a restricted wildfire area; a class A misdemeanor if fire crews have to ground an aircraft; a third degree felony if a drone collides with an aircraft; and a second degree felony if a drone causes a fire suppression aircraft to crash. Utah Gov. Gary Herbert tweeted the following statement following the bill signing: “Today’s special session vote sends a strong message to Utahns that we will not tolerate reckless drone interference near wildfires.”

Murder Conviction When a Body is Not Found

When a victim is presumed dead yet a body is not found, is a murder conviction even possible? This is a question on many southern Utah residents’ minds after a young father went missing under suspicious circumstances and has yet to turn up.

Gone, but not without a trace

Empty Room

Photo by: Brad K.

On June 27th, 2016 30 year old David Corey Heisler went missing from his Santa Clara, Utah home and many in the community are crying “murder”. When Heisler was reported missing, he and his vehicle were nowhere to be found yet his personal belongings such as a wallet and cell phone were still in the home that Heisler shared with his father, step-mother and daughter. He also had a video game on pause, alluding to the fact that he had no intention of leaving home at that time. To create more cause for concern, blood splatter was found throughout the home which indicated that a struggled likely ensued.

Extreme custody battle

During the investigation, police were able to locate three suspects in connection with Heisler’s disappearance. The first was Kelley Marie Perry, who just two weeks prior lost a custody battle for the pair’s 6 year old daughter, Mariah. The second person arrested was Francis Lee McCard, a man who witnesses said was frequently seen with Perry and is described as being strongly built and likely able of effortlessly overpowering Heisler. The third person arrested four days after Perry and McCard is Tammy Renee Freeman who is alleged to be the transportation in the case.

Planned kidnapping

All three individuals arrested have admitted involvement with the suspicious disappearance of David Heisler. Perry and McCard told authorities they surprised Heisler at his home where they physically assaulted him, tossed him in his own car, and drove him out to the desert. When Perry met up with Freeman who had previously dropped the duo off at Heisler’s home, McCard claims he drove Heisler to a secluded area south of the Utah border where he left the victim alive. He then stated to ditching the vehicle and meeting back up with Perry and Freeman. Heisler’s missing vehicle was located by authorities in Beaver Dam, Arizona which is located a mere 34 miles from Heisler’s home yet a considerable distance away from where Heisler was reported to be left. Blood splatter on the car and evidence of a discharged firearm increased concern of Heisler’s well-being, and whether or not he survived the kidnapping.

3 felonies but no murder charge

Photo by: Ian McKeller

Photo by: Ian McKeller

Perry, McCard, and Freeman are all facing charges of first degree felony aggravated burglary, first-degree felony aggravated kidnapping, and second-degree felony theft of a motor vehicle. One charge that has not been added thus far however is murder. With Heisler missing over two weeks in triple digit temperatures with no food or water and probable injuries, the public is skeptical that Heisler is alive. Heisler’s family and law enforcement officials however have told the community to not give up hope for a safe return. This hope of finding Heisler alive could be what is preventing murder charges to arise, however the possibility of not having a body may also prevent police from charging the three with murder.

Murder conviction with no body

If the trio is charged, is a murder conviction possible if a body is never located? The answer is yes, yet proving a murder without a body is not an easy thing for prosecutors to do. The reason for this is to prevent wrongful convictions, especially when it could lead to life in prison or the death penalty. In the case of David Heisler, a large majority of the public has already deemed Perry, McCard, and Freeman guilty for murder of Heisler either by a gunshot wound or by leaving him to die of exposure, yet at this time no one knows for sure if he is alive or dead. Without a body or enough circumstantial and forensic evidence to back up a murder charge, a judge or jury cannot and should not agree with a murder conviction; an experienced criminal defense attorney would help ensure that.

Call a Cab or Phone a Friend – Do Not Drink and Drive

As the smoke from the fireworks has settled and everyone is headed home, those who have been consuming alcohol are being warned by law enforcement to call a cab or phone a friend; do not drink and drive.

Deadly day on the road

Photo by: Matthew Blouir

Photo by: Matthew Blouir

The 4th of July is a day of celebrating our nation’s independence and many do this by consuming mild to excessive amounts of alcohol while playing with dangerous fireworks. This combination itself can be hazardous, but getting behind the wheel of a car after drinking is can be fatal for the driver or others on the road.

Do Not Drink and Drive

Photo by: Michael Fötsch

Be responsible-don’t drink and drive

Residents who end up wasted at the end of the night usually know ahead of time that their plans involve drinking. Instead of making the deadly and usually impaired choice to drink and drive, party-goers are encouraged to be responsible and plan ahead. Some ways to do this include:

• Decide early on a designated driver.
• Give a sober friend the car keys.
• Have a friend or family member pick you up at a determined time.
• Have the number to a cab company on hand and enough cash for the trip home.
• Take public transportation to the party to take away any option of driving home.
• Encourage those around you to not drink and drive as well.

Increased DUI patrols

Photo by: 911 Bail Bonds Las Vegas

Photo by: 911 Bail Bonds Las Vegas

Law enforcement officials throughout Utah are warning residents that they will have an increased amount of patrols out in full force to catch drunk drivers this 4th of July. Those who drink and drive and a caught by one of the numerous DUI stops planned for the holiday can face days to weeks in jail and up to thousands of dollars in fines. Additionally, choosing to drink and drive for one night can result in a suspended license for up to 2 years. Those facing DUI charges with or without being the cause of an vehicular accident are encouraged to contact a criminal defense attorney.