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!

Utah Woman Charged With Child Kidnapping Her Own Grandson

A Heber, Utah woman was arrested and charged with child kidnapping after she took her own grandson and fled the state.

Unauthorized trip with Grandma

56 year old Donna E. Jones was arrested last week after she took her almost 2 year old grandson and fled the state of Utah. Jones, who is the child’s paternal grandmother, was located along with her grandchild over 1200 miles away in Tulsa, Oklahoma. The child’s mother had just been awarded full custody of the child and police have determined that the non-custodial father helped the grandmother in the kidnapping following the court proceedings which were not in his favor.

First degree child kidnapping

Although the grandchild suffered no injuries on his unauthorized trip with grandma and was with a known family member and not a stranger, Donna E. Jones is still facing anywhere from 5 years to life in prison. Child kidnapping is a first degree felony and is defined under Utah Code 76-5-301.1 as when a person “intentionally or knowingly, without authority of law, and by any means and in any manner, seizes, confines, detains, or transports a child under the age of 14 without the consent of the victim’s parent or guardian”. In the case of Donna Jones, she had consent of a parent, just not the parent with custodial rights.

Stranger danger

While the mention of child kidnapping brings to mind a stranger snatching up a child while a parent isn’t watching, stranger abductions really only account for about one-fourth of all child kidnappings. According the National Crime Information Center, almost half of all child kidnapping cases are of children taken by a family member. In the majority of cases, the family member charged with child kidnapping is the non-custodial parent, but could involve other family such as grandparents, aunts, uncles, and even siblings.

Prison time for disagreeing with court decisions

Child custody hearings can often leave one parent or other relatives feeling like they got the short end of the stick. Unfortunately, family members may act irrationally for fear of not seeing the children as often as they would like. For anyone facing child kidnapping charges for making a bad decision following a child custody hearing, contact a criminal defense attorney immediately.

Felony Child Endangerment for Drugs in Reach of Children

Two individuals from American Fork Utah are facing a variety of drug charges along with felony child endangerment for storing drugs within the reach of children in the home.

Other people’s children

Child Endangerment

Photo by: Mary T Moore

25 year old Zachery Walters and 24 year old Hilary Lay were staying in the basement portion of a home that belonged to another person when they were arrested for possessing hefty amounts of cocaine and marijuana. The quantity of the drugs confiscated was large enough to bring distribution charges. While the couple knowingly possessed illegal drugs, they likely failed to realize they would also be facing additional felony charges for child endangerment since the landlord’s children had bedrooms nearby; thus potentially putting the kids at risk of coming into contact with the drugs.

3rd degree felony child endangerment

Child endangerment is a 3rd degree felony punishable by up to five years in prison and a fine of $5,000. Utah Code 76-5-112.5 states regarding endangerment of a child that “a person is guilty of a felony of the third degree if the person knowingly or intentionally causes or permits a child or a vulnerable adult to be exposed to, inhale, ingest, or have contact with a controlled substance, chemical substance, or drug paraphernalia;”

A technicality

While there are no reports or evidence that any children in the home that Walters and Lay were staying in had come in contact with drugs, section 112.5 clarifies that “exposed to” can mean that because of the where the children were in proximity to the drugs, they could have potentially possessed, seen, or even smelled the illegal drugs or paraphernalia. Although Walters and Lay will likely face some drug charges, there are other charges which could be considered questionable such as distribution and child endangerment. An experienced criminal defense attorney is always suggested but would be greatly recommended in a case such as this.

Utah Ex-Con Charged with Gruesome Murder in Washington

An ex-con who had served time in a Utah State Prison was charged with the gruesome murder of a Washington State woman last Monday.

Murder and dismemberment

murder

Photo by: tdlucas5000

37 year old John Robert Charlton was charged with the murder of Ingrid Lyne of Renton, Washington after police discovered portions of the woman’s dismembered body in a recycle bin in Seattle. The 40 year old nurse and mother of three daughters had been on a date with Charlton to a Mariner’s baseball game over the weekend but hadn’t been heard of since. When police located the body parts including a head and then received information of the missing woman, they realized the cases were connected and arrested Charlton for murder. More of Lyne’s body parts were then located as well as a saw which was believed to be the tool used to dismember her body.

Was the murder preventable?

When a horrible act is committed, many people may wonder if there was any way the crime could have been prevented. Sometimes crimes catch everyone by surprise, even those closest to the accused. Regarding the murder of Ingrid Lyne however, there are various details in John Charlton’s past that may have been red flags. While these warnings were regrettably not known to Lyne, they might have been recognized by law enforcement and those who have had their own personal dealings with Charlton.

Criminal history

Photo by: Victor

Photo by: Victor

The murder of Ingrid Lyne wasn’t Charlton’s first run in with the law. Prior to Lyne’s murder, in Washington State Charlton had been charged with assault in 1997 and negligent driving in 1998. In 2006, Charlton was convicted and sentenced to 1 to 15 years in the Utah State Prison for felony attempted aggravated robbery. Of that sentence, Charlton served just shy of 2 years before he was released by the Utah Board of Pardons and Parole without the supervision of parole officer. Some claim this lack of supervision may have contributed to him being arrested again in 2009 for misdemeanor battery in Idaho and then felony theft in Montana the same year. In Montana he again served time in prison; this time no more than 5 years. There is no information available at this time regarding whether or not Charlton was under the supervision of a Montana parole officer; however some critics of the parole system are doubtful.

Mental uncertainty

Charlton not only had a history of crime, but he also showed signs of being mentally unstable and possibly dangerous as long as 10 years ago. Prior to his arrest in Utah in 2006, Charlton made unsettling threats to his parents at their home south of Seattle. He showed them a copy of the gruesome movie “Hannibal” and eerily cautioned his mom while referencing to it. He also told his parents that he was having a hard time dealing with life and he was questioning his mental stability. Charlton’s parents were so troubled by this encounter with their son that they went as far as to file a restraining order against him although they later dropped it.

Help for the troubled

Photo by: trizoultro

Photo by: trizoultro

While the thought is plausible, it will never be known for sure if the murder of Ingrid Lyne could have been prevented. While many friends or family members may be surprised when someone close to them commits a heinous act, this is one case when there was a growing concern long before multiple lives were changed forever. For those who are in and out of the court systems for various crimes or for those who have anger management issues, alcohol and drug abuse problems, or other mental health concerns, there is help available. Please seek counsel with a knowledgeable criminal defense attorney regarding criminal charges and they can also provide you with information regarding mental health services in your area.