Flygare, an officer of seven years with Orem's department and four with Pleasant Grove's, was "counseled" concerning his decisionmaking and put on desk duties after several days of paid leave following the incident. He will begin his duties again as a Neighborhood Preservation Officer today, said Orem Police Lt. Doug Edwards.

"We have maintained from the beginning the administration's belief that there were other ways to handle this situation short of taking Betty Perry to jail," Edwards said.

But Edwards adds that Flygare did nothing illegal or wrong. It is within the power of an officer to arrest anyone who is breaking the law, although many situations, such as traffic tickets, don't merit that response.

Perry's attorneys are looking at the case to determine if it merits a lawsuit against the department, said Salt Lake attorney Alyson Carter. She will jointly represent Perry, along with California lawyer Allred.

Allred has been involved in high-profile cases, including representing Amber Frey, a witness in the Scott Peterson case. Peterson was found guilty of killing his pregnant wife, Laci, in 2002.

Carter said they would consider filing an excessive force claim, as well as an unlawful arrest claim, in a civil rights lawsuit. Allred had no comment about what lawsuits, if any, would be filed.

"I believe physically she's pretty much healed," Carter said. "The bigger problem that she's having right now is just emotionally and mentally. She's just very nervous and afraid of the police, afraid of any interaction with them."

Perry wasn't actually given a citation, although the Orem City Attorney is screening the circumstances for "possible prosecution of Ms. Perry," the report states.

"It is obvious that the condition of Ms. Perry's residence was in violation of city ordinances," according to the report. "It has also been determined that, in addition to being in violation of city ordinances, Ms. Perry is also in violation of county codes related to the availability of utilities in an occupied residence."

The report also said that Perry had requested her water be shut off nine months ago and she has not had water since then. She is also using trash services without paying for them, as that charge is assessed on the water bill, according to the report.

Perry has said she's been busy traveling and staying with family and friends and had planned to sell her home. Without water or gas in the home, she eats and showers at the Orem Senior Center, according to the report and her attorney.

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E-mail: sisraelsen@desnews.com