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!

Man Offering Tweens Candy Arrested for Disorderly Conduct

A Utah man was arrested in St. George last week for disorderly conduct after attempting to lure some tweens by offering them candy.

Stranger danger

Photo by: Phillip Male

Last week a southern Utah mom made a Facebook plea to residents to be on the lookout for a guy who behaved in a creepy manner toward her daughter and a few of her friends. According to the mom’s post, the man approached the tweens as they were walking and offered them candy to which they declined. He then invited them to join him at a party which was also countered with a “no”. It was then that a mother of one of the girls pulled up and asked the individual to leave the girls alone.

Creepy to criminal

Up to this point, all the individual had done was offer the girls candy and an invite to a party. Although this is creepy and inappropriate behavior, nothing about it was against the law. When the mom got involved, the man became notably irritated. He then proceeded to yell at her, violently strike her vehicle hood with his fist before throwing a bag of candy into her car and taking off. It was at this point that his behavior transition from creepy to criminal.

Disorderly conduct

Police were able to locate and apprehend 41 year old Jeffrey Lambert who was booked into Purgatory Correctional Facility on a variety of charges including disorderly conduct. Utah Code 76-9-102 states: “A person is guilty of disorderly conduct if . . . intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, the person:

(i) Engages in fighting or in violent, tumultuous, or threatening behavior;
(ii) Makes unreasonable noises in a public place;
(iii) Makes unreasonable noises in a private place which can be heard in a public place; or
(iv) Obstructs vehicular or pedestrian traffic in a public place. . .

Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.”

Defamation of accused

While the behavior of Lambert toward the tweens was questionable, the community had already identified him publicly prior to his arrest. Not only did the community jump in the find the suspect, they also made public assumptions that proved to be not entirely correct. While Lambert did offer the girls candy, he did not lace it with drugs as many presumed. Additionally, speculations had arisen as to what his intentions were. While many can guess, only those investigating the case will know for sure. The community is encouraged to not publicly burn someone at the stake but instead let the individual face their charges in a court of law. Anyone who does otherwise and publicly slanders a suspect could face their own charges of criminal defamation. For more information on criminal charges and defamation that could arise prior to or during a case, contact a criminal defense attorney.

Homeless man Arrested for Aggravated Murder of an Officer in Utah

A 40 year old homeless Utah man was arrested for aggravated murder of an officer after he shot and killed a policeman attempting to apprehend him.

Attempt to arrest a fugitive

29 year old Joseph Shinners, a three year veteran officer with the Provo Police Department was killed earlier this month while attempting to apprehend a fugitive in Orem, Utah. Shinners was responding to a location alert regarding a fugitive who had a history of making violent threats towards police officers. When Shinners arrived and attempted to apprehend the suspect he was shot and later died at Utah Valley Hospital. The 40 year old suspect who is not being named at this time was arrested for aggravated murder of an officer.

Aggravated murder of an officer

Utah Code 76-5-202 states regarding aggravated murder of an officer that: “criminal homicide constitutes aggravated murder [of an officer] . . if the victim is or has been a peace officer, law enforcement officer, executive officer, prosecuting officer, jailer, prison official, firefighter, judge or other court official, juror, probation officer, or parole officer, and the victim is either on duty or the homicide is based on, is caused by, or is related to that official position, and the actor knew, or reasonably should have known, that the victim holds or has held that official position”.

Criminal penalties

That section goes on to note that “If a notice of intent to seek the death penalty has been files, aggravated murder is a capital felony. If a notice of intent to seek the death penalty has not been filed, aggravated murder is a noncapital first degree felony”. A noncapital first degree felony is punishable by 25 years to life in prison. For more information on crimes against police officers and how they differ from crimes against regular citizens, contact a criminal defense attorney.

Domestic Violence Victim Charged With Felony Child Abuse For Not Protecting Infant

A Utah mother who is a victim of domestic violence was charged with felony child abuse after authorities stated she did not protect her infant from harm.

Abuse of an infant

Photo by: Alyssa L. Miller

21 year old Daniel Mercer and 30 year old Whittney Huber were arrested when a Utah hospital alerted authorities after discovering signs of child abuse on the couple’s three month old baby daughter. The young infant suffered burns on her hand, broken bones, as well as bleeding on the brain. She is currently recovering at Primary Children’s Hospital in Salt Lake City. Mercer was arrested for multiple charges including drug possession, domestic violence, and felony child abuse for causing serious injuries to the infant. Huber was also arrested for felony child abuse for not protecting her daughter from Mercer.

Failure to protect a child

Although some criminal events cannot be foreseen, it is likely that Huber knew her daughter was not safe around Mercer. Prior to the infant’s serious injuries, police were dispatched to the couple’s apartment on calls of domestic violence. Although the baby showed no signs of abuse during those calls, the mother later stated that threats had been made toward the child’s safety. Disregarding officer’s instructions to keep Mercer out of the home, Huber allowed him the re-enter, and thereby permitted the abuse to continue to her as well as her baby.

Felony child abuse

Authorities indicated that in years past, Huber had been the victim of domestic violence and has already had older children removed from her care. Now the state has been awarded temporary custody of the infant daughter while the mother faces criminal charges. Utah Code 76-5-109 (2) it states “Any person who inflicts upon a child serious physical injury or, having the care or custody of such child, causes or permits another to inflict serious physical injury upon a child is guilty of an offense as follows:

(a) If done intentionally or knowingly, the offense is a felony of the second degree;
(b) If done recklessly, the offense is a felony of the third degree; or
(c) If done with criminal negligence, the offense is a class A misdemeanor.”

Regardless of herself being a victim, Huber was responsible for the child’s safety and by not protecting the baby from abuse, Huber is being charged with permitting the child abuse to occur.

Domestic violence

Photo by: Scary Side of Earth

Sadly many individuals are in situations of domestic violence and even more devastating are the numerous homes in which children are present to witness the abuse. Although not all domestic violence situations put the children in immediate physical harm, the emotional trauma from witnessing violent events can have long-lasting ill effects. According to Utah’s Cohabitant Abuse Procedures Act, many domestic offenses that children could be victims or witnesses to are:

• Aggravated assault;
• Assault;
• Criminal homicide;
• Harassment;
• Electronic communication harassment;
• Kidnapping;
• Mayhem;
• Sexual offenses;
• Stalking;
• Unlawful detention;
• Violation of a protective order;
• Any offense against property;
• Possession of a deadly weapon with criminal intent;
• Discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle;
• Disorderly conduct;
• Child abuse;
• Threatening use of a dangerous weapon;
• Threatening violence;
• Tampering with a witness;
• Retaliation against a witness or victim;
• Unlawful distribution of an intimate image;
• Sexual battery;
• Voyeurism;
• Damage to or interruption of a communication device.

While many of these domestic violence offenses may not appear to directly involve the children in the home, children hear and see more than many realize. With the prevalence of domestic violence, it is imperative that anyone facing such situations reaches out for help for themselves and their children. Anyone needing help from domestic violence is encouraged to call the Utah Domestic Violence Hotline at 1-800-897-LINK or the National Domestic Violence Hotline at 1-800-799-SAFE. Anyone facing charges related to their staying in a domestic violence situation should seek qualified legal counsel.