Man Tired of Being Single – Makes Terrorist Threats While Visiting Utah

A Colorado man visiting Utah was tired of being single and used social media to make terrorist threats against girls.

Loveless and lawless

Terrorist threats

Photo by: Pietro Zanarini

27 year old Christopher Wayne Cleary of Denver, Colorado was visiting Provo, Utah when he posted on Facebook his woes regarding his lack of a romantic life. In the midst of his personal oversharing, he also made terrorist threats against girls by threatening to cause a mass shooting and kill “as many girls as I see.” Alert members of the online community contacted Denver police who then tracked Cleary down to his location in Provo. Officers in police were able to apprehend Cleary peacefully where he was then questioned before being booked into the Utah County jail for making the terrorist threats.

Making terrorist threats

Cleary is facing charges of a probation violation as well as felony charges for making terrorist threats. Utah Code 76-5-107.3 states “A person commits [terrorist threats] if the person threatens to commit any offense involving bodily injury, death, or substantial property damage, and:

• Threatens the use of a weapon of mass destruction . . . ; or
• Threatens the use of a hoax weapon of mass destruction . . . ; [both second degree felonies] or
• Acts with intent to:
o Intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government [a second degree felony];
o Prevent or interrupt the occupation of a building or a portion of the building, a place to which the public has access, or a facility or vehicle of public transportation operated by a common carrier [a third degree felony] ; or
o 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 [a class B misdemeanor].”

That section goes on to note that “A threat under this section may be express[ed] or implied.”

Social media oversharing

Law enforcement officers did not report finding any weapons on Cleary and when they found him he was merely sitting at a McDonalds, not taking actions to carry out his threat. Cleary was compliant with police and when asked, he didn’t deny making the terrorist threats. According to Cleary, he posted the threat on Facebook when he was distraught and quickly took it down following the backlash from other Facebook users. While it may be seen as awkward and even inappropriate, many social media users use their posting rights to “vent” when they are upset. Some may overshare by openly saying what is on their mind. Others might participate in “Vague-booking” or posting vague comments to get the attention of someone specific or anyone who will ask follow-up questions. However they go about it, often these “venting” posts are taking down once the person has calmed down and realized they have probably posted a little bit too much personal information for every single one of the Facebook friends to see.

Crossing the criminal line

While the awkward venting posts may not result in much more than embarrassment, using the social media resource to threaten harm on a single individual or a group of people can quickly lead to criminal charges even if the person never had any intention of carrying out their threat. Utah Code 76-5-107.3 defined above warns that “it is not a defense . . . that the person did not attempt to carry out or was incapable of carrying out the threat.” Anyone using their accounts for venting are warned to always keep their posts within legal boundaries. Those facing criminal charges for comments or posts they made to any social media accounts including terrorist threats are encouraged to immediately seek legal counsel from a reputable attorney.

Intoxicated Man Arrested Near Zion for Impersonating a Police Officer

An intoxicated man was arrested near Zion National Park for impersonating a police officer after he used a fake badge to obtain access to a hotel pool.

Hotel patrons only

Photo by: M01229

Earlier this month a Best Western hotel employee in Springdale, Utah contacted police after being approached by a man claiming to be a police officer. The hotel employee stated that a man impersonating a police officer was notably intoxicated and was asking for access to the pool area which is reserved for hotel patrons only. The man allegedly told the hotel employee that he was a police officer and needed access to the pool and a few towels in order to arrest someone. He then went back out to his vehicle that closely resembled typical police vehicles. The employee didn’t buy his story, and instead called police on the man impersonating a police officer.

Impersonating a police officer

26 year old Alexander Anthony Buzz was arrested on multiple charges including intoxication, possession of a weapon while under the influence of alcohol or drugs, and impersonating a police officer. Utah Code 76-8-512 states regarding impersonating a police officer, that “a person is guilty of a class B misdemeanor who:

(1) Impersonates a public servant or a peace officer with intent to deceive another or with intent to induce another to submit to his pretended official authority or to rely upon his pretended official act;

(2) Falsely states he is a public servant or a peace officer with intent to deceive another or to induce another to submit to his pretended official authority or to rely upon his pretended official act; or

(3) Displays or possesses without authority any badge, identification card, other form of identification, any restraint device, or the uniform of any state or local governmental entity, or a reasonable facsimile of any of these items, with the intent to deceive another or with the intent to induce another to submit to his pretended official authority or to rely upon his pretended official act.”

There is no law against dressing up like an officer otherwise many children would be in trouble during Halloween time. The problem comes when a person not only dresses or behaves like an officer, but also tries to act like a member of law enforcement with the “. . . intent to deceive another”.

Drunken defense

Photo by: Rickard Riley

While many people have made some questionable decisions while intoxicated, impersonating an officer is probably up there with some of the more irresponsible things to do. Although many bad decisions made while drunk a person wouldn’t make sober, being intoxicated is not a defense to a crime. According to Utah Code 76-2-306, “Voluntary intoxication is not a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense. If recklessness or criminal negligence establishes an element of an offense and the actor is unaware of the risk because of voluntary intoxication, his unawareness is immaterial in a prosecution for that offense.”

Designated driver and friend

Both Buzz and the driver of the vehicle with him were both “buzzed” and were obviously not helping each other to make good choices. Anyone who plans on consuming alcohol should ensure prior to drinking that they have a designated driver. Not only can this sober individual protect their friends and other drivers on the road but they may come in handy to prevent those foolishly drunken ideas from becoming a reality. For more information on charges acquired while under the influence of drugs or alcohol, make the responsible choice by calling a qualified attorney.

Drone Delivery to Inmates at Utah Correctional Facilities Prohibited

Due to a bill passed earlier this year, inmates at any of the correctional facilities throughout Utah are prohibited from receiving packages by drone delivery.

H.B. 59

Photo by: John

With the numerous laws that are passed or amended each year in Utah, some are seen as needed, others may be seen as unfair, and then there are a select few laws that leave residents wondering why caused such a regulation from being necessary. H.B. 59 that was passed along with several others this year dealt with unmanned aircrafts, otherwise known as drones, and whether or not they were allowed to be used to deliver items to inmates at correctional facilities. The section amended was Utah Code 72-14-102 and 304 which now states: “An individual may not operate an unmanned aircraft system:
(a) To carry or drop any item to or inside the property of a correctional facility;
(b) In a manner that interferes with the operations or security of a correctional facility.”

A law that may be seen as obvious, H.B. 59 passed in the2018 General Session following a growing problem of illegal package deliveries near prisons.

Illegal contraband drops

In years past, there have been some inmates and their helpers on the outside that have used different methods to try and sneak things into correctional facilities. This can include illegal contraband hidden inside packages, books, and cards. Unlawful items have also been smuggled in with an inmate upon arrest or by another person visiting the inmate at the correctional facility during a scheduled visitation time. Now with the increase in technology, there is a new scheme that has been used to sneak illegal contraband into prisons – drones. Drones have been used across the country to drop items beyond the fence where inmates may have access to them. Drones do not have to approach closely, but can soar several hundred feet above the ground and drop items such as tobacco products, drugs, porn, cell phones and even weapons without being spotted by prison guards. Utah lawmakers wanted to criminalize the practice before it started in Utah, hopefully to prevent any incidents from occurring. Utah Code 72-14-304 that was amended by H.B. 59 now lists the penalty for flying drones near prisons as a class B misdemeanor or a third degree felony if items are dropped on the property of the correctional facility.

Permitted items sent to inmates

While most law abiding citizens wouldn’t dream of using a drone to send items to incarcerated loved ones, this amended law may cause them to wonder exactly what they are allowed to bring or send to those behind bars. One important thing to note is that no item is allowed to be brought into a correctional facility by a visitor of an inmate. Even personal items such as purses, wallets, or jackets are to be left in vehicles or in rented lockers. There are things that may be sent to inmate however. Those who wish to have items delivered to inmates do so through a carefully regulated system put in place by the Utah Department of Corrections.

Letters– Regarding letters sent by mail, UDC states “Inmates may begin receiving mail as soon as they arrive in prison. Multilayered cards, crayon and marker drawings are not allowed.”

Photos– If a friend or family member wants to send pictures to inmates they note: “Inmates are allowed to have 25 photos in their possession; the photos can not be larger than 8X10, may not be Polaroids and must not be pornographic in nature. Inmates may not have photos of or including themselves.”

Books– “Books may only be purchased through the prison Commissary and are sent directly to the prison by the book vendor. Each book is inspected before being delivered to an inmate.”

Magazines – “Family and friends may get a magazine subscription for an inmate by filling out a subscription form listing the inmate, his or her offender number and the facility address. Magazines are then mailed directly to the inmate by the publisher.”

Packages– When a family member goes to camp or on a church mission, their family can send care packages with personal items and comforts from home. Inmates are not allowed these same types of luxuries. UDC warns that “Inmates may not receive packages except when authorized for medical reasons.”

Money – If there is something that a Utah state inmate needs that family or friends would like to help them receive, they may put money onto an inmate’s account. UDC explains that this can be done by mail, telephone, internet, or kiosks through a “third-party provider (Access Corrections) [that] handles deposits to inmate accounts.” Then inmates may use the deposited funds to purchase items from the Commissary.

For more information on regulations surrounding Utah Correctional Facility, contact the Utah Department of Corrections. For help following charges related to illegal drone use, speak with an attorney.