HEBER CITY, Utah — Heber City is coming to Sheriff Jared Rigby’s defense as he continues to fight for a powerful state job.
But there’s a clear divide between city administration and some officers, who say they’re trying to expose a culture of what really goes on within Wasatch County law enforcement.
Rigby was scheduled to be sworn in earlier this month as the director of Peace Officers Standards and Training (POST) until state leaders became aware of a video published by FOX 13 News in 2021.
In that video, Rigby is accused of “bullying” and “intimidating” a Heber City police officer who reported Chief Dave Booth for grabbing a handcuffed suspect by the neck.
The "witness intimidation" video has since raised ethical questions among state leaders.
Video published by FOX 13 News indefinitely postpones POST Director appointment
Several officers said they believe Rigby cleared Booth because the two are “friends” who “hang out together” and are members of the same church.
A review of Rigby's internal affairs report shows he did not interview any witnesses as part of the use-of-force investigation until after clearing Booth of all wrongdoing.
Last week, the city published an open “thank you” letter to Rigby for his professionalism.
The city confirmed Booth helped write the letter.
FOX 13 News is fact-checking the following four statements made by Heber City.
1. "The internal affairs investigation was thoroughly and professionally conducted"
Phil Kirk, a spokesperson for Heber City PD, said he is the member of Booth's team who wrote the above sentence, thanking Rigby for conducting the investigation so “thoroughly” and “professionally.”
Kirk also characterized Rigby's investigation as “difficult” and “arduous.”
Fact-checking 7 statements made by Sheriff Jared Rigby and his team
In a phone call on Monday, FOX 13 News asked Kirk if he was aware of the fact that Rigby did not conduct any interviews with witnesses until after clearing Booth.
In response, Kirk stated he had never actually read a copy of Rigby's "thorough” and “arduous” investigation.
“That’s what I recommended for the press release,” he said. "I did help write that... based on what my understanding was."
Kirk is a former captain with the Park City Police Department.
“Would you ever clear someone without doing any interviews?” asked FOX 13 News investigative reporter Adam Herbets.
“I see your point,” Kirk responded. “Let me check with the chief (on your questions) and get right back to you.”
Booth declined to comment, refusing to say whether Rigby interviewed him as part of the investigation.
Rigby stated he conducted an interview with Booth, but according to a 34-page report released by the city, there's no documentation of Rigby conducting that interview despite Booth being the subject of the investigation.
"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 "thorough” and “arduous.”
"I've done a thorough review of that myself," Franco said.
When confronted with Rigby’s lack of interviews, she quickly distanced herself.
"I was not in charge of that investigation,” Franco said. “I'm a new mayor. I came in afterwards. The city council did not direct the investigation."
According to a veteran Heber City officer who left the department, he knew even in 2021 that Rigby would do whatever he could to clear Booth.
The officer declined to share his name or show his face due to fear of retaliation.
“(Booth and Rigby) hang out together. They’re buddies,” the officer said. “How can you say you did a full thorough investigation when your friend did your investigation?”
The officer called it “circling the wagons” by Heber City and a longstanding cultural problem within Wasatch County.
“We have an obligation to police ourselves,” he said. “Nobody’s above the law.”
After being cleared in 2021, Booth told FOX 13 News that the placement of his hands on the suspect’s neck is something that “never happened.”
Booth did not file a use of force report.
FOX 13 News discovered Booth’s flat denial of the incident contradicts his statements made to state investigators as part of a criminal investigation.
“Obviously there was some force used to get him in the car,” said a Department of Public Safety investigator in a recorded interview with Booth. “Would it be surprising to you if there was bodycam or dashcam footage that showed your hand on his neck at one point?”
“No, I don’t think it would be surprising,” Booth responded. “I just viewed it as something I’ve done literally hundreds upon hundreds upon hundreds of times.”
2. “Several outside agencies were contacted...”
Members of the public criticized Heber City at a public meeting in December 2021, asking why Rigby was chosen to conduct the investigation into Booth.
“The valley is not that big.” said Brad Ehlert of Midway. “It’s really not.”
Several residents said, if the city was looking for a neutral third party, Rigby was the wrong choice because of their history together.
Rigby declined to comment on his relationship with Booth.
“Several outside agencies were contacted, but only the Wasatch County Sheriff’s Office was available to take on the critical, time sensitive investigation,” the city wrote. “The City’s decision was based solely on the availability of resources.”
In an attempt to fact-check whether this statement was true, FOX 13 News asked Heber City to please list the “several outside agencies” who were contacted.
“The city manager (Matt Brower) asked me to let you know that several other agencies were contacted but he does not want to release their names to you,” wrote Kirk in a text message.
The city declined to provide an explanation for the lack of transparency.
3. "(Rigby) had no supervisory or performance evaluation responsibilities”
Heber City described Rigby’s interviews with witnesses as "voluntary follow-up discussions with employees involved in the incident.”
However, in Rigby’s interview with officers, he clearly states he is conducting an “internal affairs investigation.”
For example, the following quotes are from Rigby’s interview with Officer Lucas McTaggart.
- 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)
According to a “selfie” video released by Rigby, he indicated that he was “only offering counseling and correction.”
“Sheriff Rigby's role was strictly as an impartial investigator in these recorded discussions, as he had no supervisory or performance evaluation responsibilities for the affected employees," the city wrote.
FOX 13 News asked for clarification, particularly because Rigby told officers that he was speaking on behalf of Heber City and that the city would “honor” his statements.
For example, in his interview with McTaggart, Rigby said he would be “going back to them (the city) and saying, ‘This is the statement I made on your behalf,’ and then they’ll honor it.” (37:48)
4. “That wasn’t Rigby’s job.”
In a speech given to POST Council on Thursday, Heber City Councilmember Mike Johnston stated Rigby’s involvement in the case was to look into “the turmoil in our department.”
“I am on the Heber City Council currently, and I’ve been on for three years, so I know a lot about what went on,” Johnston said. “Sheriff Rigby doesn’t have the ability (or) the values to bully or intimidate anybody. That is not his nature.”
Despite claiming to know “a lot about what went on,” he inaccurately told FOX 13 News the city never asked Rigby to investigate Booth.
"That wasn't Rigby's job," Johnston said.
Rigby’s report lists a clear timeline of when he was asked by the city to investigate Booth on July 27, 2021.
“Mayor Potter said she needed an independent investigator to review the matter administratively on her behalf,” Rigby wrote. “The Mayor asked that I conduct the internal affairs investigation as to whether Chief Booth used excessive force.”
When confronted with that information, Johnston backtracked.
“I don’t know,” Johnston said. “I don’t remember. I wasn’t involved in asking (Rigby) to investigate.”
Johnston said he was not aware of the fact that Rigby conducted zero interviews until after clearing Booth.