Iron County officer pleads guilty, agrees to testify

CEDAR CITY — Iron County Undersheriff Lt. Chuck Mitchell pleaded guilty Thursday to obstructing justice and is expected to testify against his boss, who is charged with misusing public funds.

Mitchell's plea in 5th District Court came just two days after the Utah Attorney General's Office charged him with the class A misdemeanor, which was based on an investigation into missing funds in the sheriff's office.

Judge Eric Ludlow stayed a sentence of 30 days in jail and a $1,000 fine on the condition that Mitchell agree to testify truthfully in all related proceedings in the criminal case against his boss, Sheriff David "Dude" Benson. Mitchell could have been sentenced to one year in jail and a $2,500 fine.

Mitchell's attorney, Keith Barnes, did not return Deseret Morning News calls.

Iron County Commissioner Gene Roundy said the commission would wait to see whether Mitchell resigns from the sheriff's office before it makes any comments. More than $15,000 in county funds are missing from the sheriff's office, Roundy said.

Mitchell will likely be called upon to testify in the Sept. 22 preliminary hearing of Benson, who is also on paid administrative leave.

The Utah Attorney General's Office last month charged Benson with six felonies and two misdemeanors. The felony charges include obstruction of justice, misuse of public funds, theft, stealing or destroying or mutilating public records and misuse of public money, or an alternative count of unlawful dealing of property by a fiduciary. He also faces misdemeanor charges of obstruction of justice and theft, class A and class B misdemeanors, respectively.

All of the counts originated from separate incidents, according to criminal charges.

Mitchell's guilty plea included an admission that he and Benson lied to Iron County Attorney Scott Garrett by telling him they had solved the case after finding the missing money in an envelope under Mitchell's office door, said Paul Murphy, spokesman for the Utah Attorney General's Office.

Mitchell and Benson told Garrett on March 6, 2003, that an envelope with $2,900 in cash was found on the floor of Mitchell's locked office. They returned the money to the county.

Nearly three weeks later, Mitchell went to Garrett and said he wanted to tell the truth about the event, admitting he and Benson put the money under the door, Murphy said.

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