Former West Jordan police officer jailed in sex case

WEST JORDAN — A former West Jordan police officer who engaged in sexual acts with a suicidal woman whom he was supposed to be taking to the hospital was ordered Thursday to spend a year in jail.

Nelson Tuatagaloa, 35, was sentenced to two consecutive prison terms of zero to five years behind bars, but 3rd District Judge Judith Atherton suspended the prison time. Instead, she imposed one year in the Salt Lake County Jail and put Tuatagaloa on probation for 36 months.

Atherton said she was troubled by the case and, in particular, "the extreme disparity between your power and the very great fragility of your victim."

The judge also expressed puzzlement to Tuatagaloa's lawyer, Rebecca Hyde, over statements in a pre-sentence report that suggests Tuatagaloa thought the sexual acts were consensual.

"It was not consensual at all. He is an on-duty uniformed police officer coming to a potential suicide with a distraught … victim," Atherton said. "Under any circumstances, why would he do what he did? It is so wrong."

The victim choked up as she read a letter aloud to the judge, telling Atherton of her continuing fears about being around police since the Sept. 30, 2008, incident.

"These people were hired to protect us," the woman said. "I am so afraid to be around them not knowing what they would think of me, not knowing the full story."

The woman was driving around that night, so distraught that she was suicidal and drinking alcohol. She called various people and told them of her situation. Two police officers, one of them Tuatagaloa, arrived to find her parked in a public place, and Tuatagaloa, who had put handcuffs on the woman, volunteered to take her to Jordan Valley Hospital for a psychiatric evaluation.

He did drive to the hospital at 3580 W. 9000 South, but headed for a secluded area in the parking lot, removed the handcuffs and engaged in sex acts with the woman.

She later was admitted to the hospital.

"I didn't feel I had a choice in the matter — I was following orders," the woman said. "I didn't have the same rights as a normal citizen. I could not get my cell phone and call 911."

The woman also said she doubts Tuatagaloa's claims of remorse and suspects he thought he could take advantage of her sexually soon after he arrived on the scene.

Tuatagaloa tearfully apologized to his victim.