Ex-Lehi officer may lose law status

4-year suspension is urged — unrelated to current charges

Published: Saturday, Feb. 18 2006 12:00 a.m. MST

PROVO — Former Lehi police officer Arthur Henderson may never wear a badge again.

Friday morning, an administrative law judge for the Department of Public Safety recommended that Henderson lose his Utah Peace Officer Standards and Training Academy certification for four years.

Henderson is in the Salt Lake County Jail awaiting a preliminary hearing in 4th District Court on five first-degree felony charges of attempted aggravated murder for allegedly shooting his estranged wife's boyfriend and firing at Lehi officers after a morning chase through a residential neighborhood on Jan. 27.

He is also charged with aggravated assault, criminal mischief and three charges of unlawful discharge of a firearm — all third-degree felonies in connection with the incident.

But those charges played no role in Friday's ruling. Instead, it was based on a justice court conviction for a class B misdemeanor for simple assault that occurred in March 2005 involving Henderson and an old friend. The pair had a history of mutual conflict.

While the most recent charges were not considered during the administrative review — which occurred before the shooting — they will be considered in a future setting, said Dan Altenes, POST investigation supervisor.

The POST council will meet in March to consider a handful of cases — including Henderson's. It can either accept the judge's recommendation or impose a different — and possibly stronger — licensing recommendation, Altenes said.

"The POST council can still increase that recommendation," he said. "I'm not going to try to second-guess them, to say what they're going to do. (But) I'm sure the Lehi incident will play heavily on that."

The POST council has the option to accept the judge's recommendation of a four-year suspension without considering the Lehi incident, putting that matter off until court proceedings are completed. A felony conviction carries immediate and permanent license revocation.

The revocation process begins when an administrative complaint is filed. After the filing, POST conducts a hearing, inviting both the state and the individual to present their sides of the case.

Henderson did not respond to the administrative complaint, and he did not attend the hearing Jan. 20 — one week before the shooting, Altenes said.

The judge allowed the state to present its case. Because Henderson did not appear, the judge held him in default and ruled in favor of the state, Altenes said.

Get The Deseret News Everywhere

Subscribe

Mobile

RSS