Utah sheriff accused of lying to police in DUI investigation

BRIGHAM CITY, Utah (KSL) — Box Elder County Sheriff Kevin Potter, who was recently involved in a vehicle crash that turned fatal, was charged with obstruction of justice for allegedly lying about his location during a separate investigation.

Potter, 55, voluntarily took administrative leave after he was involved in a crash last month in Weber County. Ogden police confirmed Potter was the driver of the vehicle that collided with a motorcycle at the intersection of Canyon Road and Valley Drive.

The crash critically injured 22-year-old Katie Sue Ruth Huggins, who later died from her injuries.

“Sheriff Potter remained at the scene and cooperated with investigators,” Box Elder County said in a statement last month.

On Friday, Potter was charged in 1st District Court with obstruction of justice, a class A misdemeanor. The charges stem from an incident in January when a citizen reported a “concerning interaction” with Potter on I-15 near the Riverside exit.

“The reporting party expressed concern that Potter was operating his government-owned vehicle while impaired, describing an erratic driving pattern, slurred speech, unstable balance, and a silver can visibly protruding from his sweatshirt pocket,” the charges said.

Dispatch generated a broadcast call to area law enforcement, but no officers located Potter’s vehicle. Utah Highway Patrol Col. Greg Holley then called Potter, who stated he was “aware of the reason for the call” and said he’d speak by phone, but refused to meet in person, the charges allege.

“When Col. Holley asked about the can in his pocket, Potter confirmed it was a beer can, stating he often hikes with a beer to watch the sunset, but denied being impaired or violating any traffic laws. Potter specifically stated to Col. Holley that he was already at his residence and would not come outside to meet with a trooper,” the charges state.

A trooper and a Brigham City police officer responded to Potter’s residence to verify his location, but Potter’s county-issued vehicle was not present. The police officer remained in the area for two hours and did not observe Potter return home, according to the charges.

The matter was referred to the Cache County Attorney’s Office, who followed up with Potter about the alleged discrepancy of his location. The investigation was transferred in March to the Utah State Bureau of Investigation, and a search warrant for his cell phone location records was issued in April.

The location records from Verizon were given to investigators in September and revealed that Potter was “actively pinging in the area of Tremonton” when he claimed to Holley that he was at home in Brigham City, the charges state.

“Based on the foregoing facts, there (is) probable cause to believe that Kevin Potter, with knowledge that a criminal investigation into driving under the influence was actively being conducted and that he was the subject of that investigation, intentionally provided false information to Col. Holley regarding his present physical location,” the charges state.

A trespassing confrontation

In May, Potter was admonished by the Box Elder County commissioners in a censure letter for alleged trespassing that occurred prior to the DUI call in January. His conduct was described in the letter as “unbecoming of the sheriff.”

James Knight told KSL in April that a few months earlier in January, he noticed a black truck on his Garland property, which has a small easement road that leads to a trail on Forest Service land. He went to confront the driver, whom he didn’t recognize.

“I said, ‘Hey, will you just park at the top or the bottom?’ He says, ‘I can be wherever I want,'” Knight said.

Knight said as he and a friend continued to speak with the man, he started reaching for something under his hoodie, which made them nervous. The man then pulled out his badge, identifying himself as the sheriff.

“I don’t care if you’re the sheriff or a private citizen. Just respect the ground. That’s all I’m asking,” Knight responded.

Afterward, Knight noticed the same truck along I-15 as he was driving home and said the driver hit the rumble strip multiple times. Knight said Potter then abruptly pulled into the shoulder along the off-ramp near Riverside.

“He swerves off into the gravel, slides to a stop, and I’m like, ‘What is going on?’ It’s really kind of blowing my mind,” Knight said. “(He) jumps out of his truck and kind of books it to me. ‘Are you following me?’ I said, ‘No, I want to apologize. I wasn’t trying to be rude. We’ve just had a lot of issues with trespassing.'”

Then, Knight claims that Potter seemed to stumble and slur his speech, and Knight noticed a can in his hoodie pocket. Knight called 911 to report a suspected DUI but said Potter left.

Afterwards, the Box Elder County commissioners initiated two investigations into Potter: one from Utah Highway Patrol and one from an outside firm to determine policy violations.

The UHP investigation did not find sufficient evidence of Potter driving under the influence of alcohol.

“However, following UHP’s determination, in an abundance of caution, the county commissioners requested a second review. That review was conducted by the Cache County Attorney’s Office, which screened the case for criminal offenses and has now filed non-alcohol-related criminal charges,” Box Elder County said in a statement Wednesday, referencing the misdemeanor obstruction charge filed Friday.

The May censure letter was the result of the third-party review, declaring that Potter violated three county and sheriff’s office policies and standards of conduct, including singling out his apparent alcohol use, but there was insufficient evidence of criminal conduct or driving under the influence.

The censure letter said Potter had a “heated and confrontational exchange with a private citizen while off-duty but operating a department vehicle.” The letter also alleged he routinely possessed and stored alcohol in his county-owned vehicle.

“As the highest-ranking law enforcement officer in the county, you are expected to embody the highest standards of professional conduct and strictly adhere to the policies you are charged with enforcing,” the commissioners wrote. “The practice of regularly storing and transporting alcohol in a county vehicle, regardless of whether it is consumed on-duty, is a lapse in judgment that undermines public trust and sets a poor example for the members of your office.”

The Box Elder County Sheriff’s post was on the ballot this cycle, but Potter lost earlier this year in his bid for reelection in the Republican primary. Utah Highway Patrolman Doug Christensen won the general election.