Threat of Terrorism Charge for Man Threatening Provo PD

Threat of terrorism to Provo PD

Photo: Fabexplosive/Wikimedia Commons

Between Tuesday, Feb. 17 and Friday, Feb. 20, three men and one woman were arrested after allegedly making threats against the Provo Police Department. One of the men was charged with a threat of terrorism.

Don’t Write it if You Don’t Mean it. Or Maybe Just Don’t Write it.

According to KSL News, the incident that set the stage for the threat of terrorism charges was the fatal shooting of Cody Evans, 24, of Springville, on Sunday, Feb. 15. A Provo police officer and a Utah County sheriff’s deputy shot and killed Evans after he pointed what they believed to be an assault rifle at them. It was later determined that Evans had two different pellet guns.

The same day Evans was killed, “concerned citizens” reported to Provo police that they had seen several threatening messages on social media, including one that read: “To provo pd. Beware of c4 and dat 50cal … I’m fed up yall killin my homies, im killin u!” Provo police said “c4” was in reference to “an explosive that has the capability to cause mass casualties and substantial property damage.” This is where the threat of terrorism comes into play.

On Tuesday, Feb. 17, Brandon Stacy West was arrested after attempting to purchase a firearm. West wasn’t the poster of the comments, however, the attempted purchase went against his probation, and he allegedly had spoken of “retaliation.”

The poster of the comments, Michael Leon Angus, also reportedly referred to a “Fletcher” and asked who else was “down to ride on these pigs,” to which Jacob Fletcher responded, “You know I am …”

Police arrested Fletcher on Wednesday, Feb. 18, on multiple felony warrants. Lindsay Parker, 25, made the third suspect to be arrested. Parker had been with Fletcher for several days, including driving him around the day they were arrested. She admitted in a police affidavit that she knew Fletcher was on the run. In addition to obstruction of justice, Parker was booked on several drug charges.

Angus was the last link in the chain, and he was arrested on Friday, Feb. 20, and booked on investigation of a threat of terrorism. In a statement released by the Provo Police Department, Angus “admitted that he had posted threatening comments about Provo police officers, but claimed he was just upset and did not intend to do anything.”

Threat of Terrorism Seriousness Depends on Circumstances

According to Utah Criminal Code 76-5-107.3, a threat of terrorism can range from a class B misdemeanor to a second degree felony. The misdemeanor would be “if the person threatens to commit any offense involving bodily injury, death, or substantial property damage,” and cause “an official or volunteer agency organized to deal with emergencies to take action due to the person’s conduct posing a serious and substantial risk to the general public.”

In the case of Angus, the fact that he mentioned the C4 explosive jumped the charges up to a second degree felony, punishable by up to fifteen years in prison and a fine of up to $10,000, because he threatened to use a “weapon of mass destruction” as defined in Utah Criminal Code 76-10-401.

This is not to say that Angus didn’t have a right to be upset, however, the lesson is to be aware of how you vent such strong emotions. Putting them in writing on the Internet is not the way to handle it. If you or someone you know has been charged with a threat of terrorism, don’t leave fate in the hands of a public defender. Be sure to contact an experienced criminal defense attorney.

Pantless Man Charged with Lewdness, Intoxication, and More

pantless man gets lewdness charges

Photo: Sarah Marie Jones/Wikimedia Commons

Early Saturday morning, Feb. 7, an intoxicated man entered an apartment near a party he had been attending wearing nothing below the waist but a pair of socks. The man was chased by police and arrested for lewdness and other charges.

Several Drinks Too Many

Some parties require the attendees to turn in their keys to ensure no drunk driving incidents, but apparently Austin Jeffery Noble, 21, took this one step further and simply surrendered his pants.

According to a report from KSL News, sometime before 4 a.m. on Saturday, Feb. 7, Noble left a party he was attending and wandered into a nearby apartment wearing nothing more than a hooded sweatshirt, bowtie, and socks. Enter the first potential charges for criminal trespass, burglary, and lewdness.

The arrest affidavit states that at this point, he laid down next to a sleeping 17-year-old girl and began touching her inappropriately. Next potential charges of forcible sex abuse. The girl woke up, and after she and her sister confronted Noble, he fled the apartment.

When police showed up, they found Noble still without his pants. A brief foot pursuit occurred (next charge: failure to stop at the command of a police officer) before police caught up with him. Noble claimed that he didn’t remember anything before the foot chase. A breathalyzer test showed Noble’s BAC at .209, more than twice the legal limit, and added on intoxication to his list of charges. Noble was booked into the Davis County Jail.

No Pants Equals Lewdness

According to Utah Criminal Code 76-9-902, lewdness is defined as an act not amounting to rape, sodomy, aggravated sexual assault, or forcible sexual abuse (which is already on the list for Noble) but which will still cause affront or alarm to one who is over 14 years old. This may include an act of sexual intercourse or sodomy (in the presence of the minor), masturbating, or in the case of Noble, exposing the genitals, female breast below the areola, buttocks, anus, or pubic area.

Lewdness is considered a class B misdemeanor on the first or second conviction, punishable by up to six months in jail and a fine of up to $1,000. However, on the third conviction, or if the person is already a sex offender, lewdness becomes a third degree felony, punishable up to five years in prison and a fine of up to $5,000.

If you or someone you know has been charged with lewdness, contact an experienced criminal defense attorney who knows the law and will look out for your best interests.

Substitute Facing Unlawful Sexual Activity with a Minor

Substitute teacher unlawful sexual activity

Photo: Chris Potter/Wikimedia Commons

Even while case of Brianne Altice, the former Davis High School teacher accused of having sex with three students, is still making headlines, another incident of a substitute teacher being charged with unlawful sexual activity with a minor has come to light. The substitute is obviously no longer teaching and will face her first court appearance Feb. 17.

A Question of Circumstances

According to a report from KSL News, on Jan. 26, Mary Emily Mickelsen, 35, or Salina was charged in the Sixth District Court with eight counts of unlawful sexual activity with a minor. Sevier County School District Superintendent Cade Douglas stated that Mickelsen had been a substitute in the district for “a number of years,” but that she was removed from the roster in early January after the district found out about the allegations and pending charges.

According to the report, the charges against Mickelsen are only dealing with one teen at this point, but the county attorney’s office is apparently looking into whether any additional victims may be out there. Mickelsen’s attorney stated that Mickelsen did not meet the boy through her substitute teaching job, but further information hasn’t been released to confirm or deny that. Regardless of the circumstances, if true, it would still be a case of unlawful sexual activity with a minor.

Unlawful Sexual Activity with a Minor: Third Degree Felony in Most Cases

According to Utah Criminal Code 76-5-401, unlawful sexual activity with a minor occurs if the victim is between 14 years old and 16 years old at the time the sexual activity occurred. The code goes on to describe the activities which constitute “sexual activity,” not including rape, object rape, forcible sodomy, or aggravated sexual assault. However, sexual intercourse, oral sex, anal sex, and the use of foreign objects for penetration all constitute this offense.

Unlawful sexual activity with a minor is a third degree felony in most cases, punishable by up to 15 years in prison and a fine of up to $10,000. However, if the defendant can prove that there was less than four years difference in age between them and the victim at the time of the sexual activity, it considered a class B misdemeanor.

If you or someone you know has been accused of unlawful sexual activity with a minor, don’t leave your fate in the hands of a public defender. Contact an experienced criminal defense attorney.