Killpack arrest records should be released, committee rules

SALT LAKE CITY — The Utah Department of Public Safety must release public records related to the arrest of former Senate Majority Leader Sheldon Killpack.

In a 3-2 vote, the Utah State Records Committee decided Thursday that both the initial contact report of the arrest, as well as a three-hour long dashcam video, must be released as public record. The records should be released within five days, pending a formal written order to do so.

The Department of Public Safety, which had classified the report and video as protected records, does have the right to appeal the decision within 30 days.

Such documents are typically released to the media by law enforcement agencies. Assistant attorney general Lana Taylor argued that the documents are protected only temporarily but should continue to be protected, as their release may jeopardize Killpack's right to a fair trial.

The Deseret News was one of several media outlets seeking the records. Jeff Hunt, attorney for the Deseret News, argued that these documents are defined under the Government Records Access Management Act as public record. Further, he said the argument that the documents are part of an ongoing investigation is irrelevant because once the charges were filed, the investigation was basically complete.

"There have been much more high profile cases with much more inflammatory disclosures and they've still been able to empanel juries," Hunt said, citing the Hi Fi murders and Warren Jeffs trial. "GRAMA and fair trials aren't mutually exclusive."

He also added that the release of these records wouldn't immediately translate to an impartial jury pool throughout the county, as many could view the video and still be objective.

"Just because there is public disclosure, it doesn't follow that a juror is incapable of being impartial," he said.

Killpack, 41, is charged with DUI, a class B misdemeanor, and failure to signal, a class C misdemeanor. Defense attorney Ed Brass said his office has entered a "not guilty" plea on Killpack's behalf.

Killpack was pulled over Jan. 15 by a Utah Highway Patrol trooper near 700 East and 3300 South. The trooper who stopped the Syracuse Republican had observed a vehicle "with a poor driving pattern." The trooper "detected a strong odor of alcohol coming from the defendant's breath, his speech was slurred, the defendant's balance was poor and his eyes were bloodshot, glossy and droopy," the charges state.

Killpack "performed poorly" during field sobriety tests administered after he was stopped, and "swayed from side to side during the test," losing his balance twice, the charges state.

Prosecutors say Killpack had a blood-alcohol level of 0.11 at the time. The legal limit for impairment is 0.08.

Killpack resigned from the Legislature the day after his arrest.

e-mail: emorgan@desnews.com