Fact-checking 7 statements made by Sheriff Jared Rigby and his team

WASATCH COUNTY, Utah — Wasatch County Sheriff Jared Rigby is fighting back after reporting by FOX 13 News put an abrupt halt to his swearing-in ceremony for a powerful state position.

Video published by FOX 13 News indefinitely postpones POST Director appointment

Rigby is accused of recording himself "bullying" and "intimidating" a police officer as part of a use-of-force investigation into Chief Dave Booth of the Heber City Police Department.

Rigby said the videos published by FOX 13 News were taken out of context.

In response, we've uploaded the full video.

As the state-appointed director of Utah POST, or Peace Officer Standards and Training, Rigby would have overseen the training and certification of the approximately 9,000 officers, deputies, and troopers across Utah.

Less than 48 hours prior to his swearing-in ceremony, Rigby's appointment was suddenly postponed and has not been rescheduled.

On Friday, at 11:04 pm, Rigby uploaded two "selfie" videos disputing the accuracy of FOX 13 News' reporting.

We are fact-checking the following seven statements made by Rigby and his team.

1. "It's not appropriate for me to speak about that matter."

FOX 13 News interviewed Rigby on December 20, 2022, for more than an hour.

He declined to answer questions about the video of him in which he is accused of "intimidating" and "bullying" the officer.

According to Commissioner Jess Anderson with the Department of Public Safety, there is nothing that should preclude Rigby from speaking about the video.

Anderson would be Rigby's supervisor if the appointment goes through.

"Why would you allow yourself to go down a certain path of what appears to be, and has been represented, as threatening?" Anderson said. "Certainly I have an obligation to look into that further."

In a text message sent to FOX 13 News on January 5, 2023, Rigby stated he is still not able to comment.

"Lucas (McTaggart) is the complainant in the Chief Booth and Jason Jarvie cases," he wrote. "I am not able to comment on Lucas' recorded interview. Thanks for checking with me though, appreciate it."

2. "Sheriff Rigby was cleared of any wrongdoing."

Rigby has not been "cleared" of wrongdoing because he was never investigated for the statements he made in the video.

After watching the video, Officer Lucas McTaggart’s supervisor filed a complaint against Rigby with POST on December 20, 2021.

According to the Utah Department of Public Safety, POST was not able to investigate the "witness intimidation" complaint against Rigby because POST is limited in what it is allowed to investigate under statute.

“Sheriff Rigby, as seen on video played on FOX 13 News, threatens Officer McTaggart,” wrote Sergeant Jason Jarvie in his complaint. “I have seen more of this video, and believe you’ll find that Sheriff Rigby is upset with Officer McTaggart because he will not change his stance on the Chief’s use of force.”

Heber City agreed to pay $7,800 to Jarvie and another sergeant who accused the city of retaliating against them for voicing concerns.

3. "FOX 13 provided an incomplete video that was cut and spliced multiple times."

While it is true that FOX 13 News did not show the full 93-minute video during our newscast, we have uploaded it online.

If you missed that, it's embedded at the top of this article.

For unknown reasons, Rigby stated on Friday he would be uploading the full video. At the time of this story's publication, he has not done so.

A review of the full video shows there are several portions of the interview where Rigby discusses the officer's potential lack of a future within the Heber City Police Department.

Rigby said he was given the authority to make statements on behalf of Heber City and that the city would "honor it." (37:48)

• McTaggart: "What you’re saying is not changing my perspective of what I saw. Nothing’s going to change that. That’s why we’re here, right?"

  Rigby: "Well, Lucas, it really comes down to the future - your future in the police department. So you can dig in your heels and say, 'This is how I feel and no one’s going to change,' and okay, that’s your decision. You just won’t get any trusted positions having to do with (defensive tactics), and use of force, and sergeant, and those kinds of things, because you’re not willing to learn and be open minded to it.” (57:30)
  

• Rigby: "This is the determination. You’re gonna have to wrap your mind around it, and then from here on out move in that direction, at least if you’re going to work for Heber." (1:15:45)
  
• Rigby: "The only way that you can get in trouble here is if you don't do what we asked you to do." (1:18:42)

4. "I told the officer I was only offering counseling and correction."

According to Chief Wade Carpenter of the Park City Police Department, Rigby told him the video of him interviewing McTaggart was not part of an internal affairs interview, it was simply a "coaching and counseling" session.

Carpenter was a member of the POST Director search committee.

"It was in no way my intention to come across threatening in any way," Rigby said. "I told the officer I was only offering counseling and correction. Those are the words I used."

A review of the video shows Rigby mentioned an active internal affairs (IA) investigation at several points during the interview.

• Rigby: "We're doing an internal affairs investigation for the Heber City Police Department." (2:53)
  
• Rigby: "Whether it's an IA, or you want to call it an administrative review, or whatever it is, it's the same thing." (4:05)
  
• Rigby: "That's what we're doing. We're doing an IA." (27:20)
  
• Rigby: "I’m not through with the investigation." (1:07:35)
  
• McTaggart: "I mean, here we are. I’m getting pulled out of training for IAs." (1:17:05)
  
• McTaggart: "Am I the subject of this IA?"
  Rigby: "No." (1:18:05)

FOX 13 News asked Carpenter if he's concerned that Rigby lied to him the circumstances surrounding the interview.

Carpenter said he would like to see the video first in its entirety before responding.

5. "The officer in the video has never complained about the instruction and counseling given to him."

After his interview with Rigby, McTaggart searched for a new job.

He left his job at Heber City PD and started working for a federal law enforcement agency.

FOX 13 Investigates: Officers say Heber City retaliated after they accused police chief of choking suspect

Two other officers also left the department and accused the city of retaliation. The case was settled for $7,800.

A fourth officer told FOX 13 News in 2021 that they were in the process of trying to leave the department as a result of the case.

6. "The investigation involving the chief of police was closed on July 30, 2021."

On August 2, 2021, the city sent a press release stating all complaints against Booth were "found to be baseless and without merit" by Utah Department of Public Safety and the Wasatch County Sheriff's Office.

Joe Dougherty, a spokesperson for the Department of Public Safety, said he could not explain the city's email, because state investigators tasked with determining whether Booth violated state law never told Heber City the complaint was "baseless" or "without merit."

FOX 13 Investigates: Heber City tried and failed to hide thousands of dollars paid to two whistleblower officers

A review of Rigby's internal affairs investigation shows he did not interview any witnesses as part of his internal affairs investigation until after clearing Booth of all wrongdoing.

McTaggart was a chief complainant and key eyewitness who was never interviewed as part of Booth's internal affairs investigation.

Instead, his interview took place on September 1, 2021.

Booth helped write a letter to Rigby as a public "thank you" for clearing him in the use-of-force investigation, writing the way he was cleared was "thoroughly and professionally conducted" by Rigby.

7. "I did interview (Chief Booth)."

There's a discrepancy as to whether Rigby ever interviewed the subject of his internal affairs investigation.

According to a 34-page report released by the city, there's no documentation of Rigby interviewing Booth.

"I did interview him, and I'm not able to speak to it," Rigby said.

"Why wasn't it in your report then?" asked FOX 13 News investigative reporter Adam Herbets.

"It is," Rigby replied.

"Any interview you did would’ve been documented in your report?" asked Herbets.

"Yes," Rigby said.

FOX 13 News is still waiting to see that documentation, if it exists.

Mayor Heidi Franco said she approved the letter characterizing Rigby's investigation as being "thoroughly and professionally conducted,"

"I've done a thorough review of that myself," Franco said. "I was not in charge of that investigation. I'm a new mayor. I came in afterwards. The city council did not direct the investigation."

Through his spokesperson, Booth declined to comment on whether he was interviewed by Rigby.

At a public meeting in December 2021, several residents said if the city was looking for a neutral third party, Rigby was the wrong choice because he’s friends with Booth and that they go to church together.

Rigby declined to comment on his relationship with Booth.

Booth remains under investigation by POST.

Rigby said he would recuse himself from the case if appointed to the POST Director position.