Eagle Mtn. mayor plea bargains

PROVO — Eagle Mountain Mayor Kelvin Bailey has accepted a plea agreement that will lead to dropping the charges of filing a false police report related to a fake kidnapping incident last year.

Bailey entered a no contest plea to the class B misdemeanor charges on Thursday before Justice Court Judge Scott Cullimore. A no contest plea does not admit guilt in connection with a crime, but sentencing is handled as if a guilty plea had been entered. Under the plea agreement, if Bailey avoids any other criminal involvement for the next six months, the charges will be dropped and expunged from his record.

Bailey did not get a totally "free" ride, however. Cullimore ordered Bailey to pay $200 in court fees and $923 in restitution to the police agencies that searched for him in March 2003.

"It's an offer that had been open for some time, and he decided to take it, and I think it's a very generous offer," Utah County Deputy Attorney Chad Grunander said. "We were really concerned about the restitution, because when this incident occurred there were several different agencies that went into action, and we wanted to recoup that (cost)."

Bailey was charged with making a false report to police that he had been kidnapped and forced to drive to California. His wife reported him missing on March 26, 2003 after the mayor failed to return from a hunting outing near Mona.

The following morning, as law enforcement agencies were prepared to launch a search in Juab County, Bailey called his wife and told her he had been kidnapped by a man with a gun and forced to drive to the Barstow, Calif., area. The mayor later recanted the story when pressed for details by federal agents and Utah police.

Bailey reportedly told investigators that he made the 500-mile drive alone because he was struggling with the stresses of his responsibilities as mayor and with his job as a construction consultant. He admitted making up the story to appease his wife until he could return home and explain his disappearance.

Contacted for comment on Friday, Bailey said he would not comment beyond a prepared statement he released that reads: "It is disappointing that our justice system makes it less expensive to enter a plea than to stand up for one's innocence and principles. However, being the pragmatist that I am, this choice is simply the more financially wise decision to put an end to the false accusations and allegations that have gone on for over a year for something that was simply a misfortunate emotional breakdown on my part."

Bailey had asked for and received several postponements of court hearings prior to pleading on Thursday.

Grunander said the county was ready to move forward with prosecution had the agreement been rejected on Thursday. "If he had not accepted the deal yesterday, we would have asked the court to set it for trial and there would have been no (further) offers."

Bailey said he intends to finish out his term which ends in December 2005.

Bailey has remained in his position despite calls from several city residents, including City Councilwoman Diane Jacob, for his resignation.

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Contributing: Sharon Haddock

E-mail: shelps@desnews.com