Innocent man jailed; victim now charged
PROVO — It sounds like an episode of "Law and Order" gone awry.
Girlfriend stabs boyfriend while he's sleeping. Both blame the ex-roommate, who they say is angry about being kicked out of the apartment.
Ex-roommate is arrested and sits in jail for months before a witness comes forward to implicate the girlfriend in the stabbing. Prosecutors drop charges against the ex-roommate and charge the girlfriend, who later pleads guilty.
Now the stabbed boyfriend faces his own charges for allegedly lying to police.
It's a twisted, convoluted story and one that has prosecutors pretty upset.
"We rely on witnesses and victims of crimes day in and day out to tell the truth," said prosecutor Chad Grunander. "When they don't, it can certainly result in serious miscarriages of justices. We want to correct that."
Although Grunander can't give back the months that ex-roommate Tyler Calton spent in jail, he can make sure the appropriate people are punished. That is why he charged the girlfriend, Melissa Elkins, and why he filed charges Wednesday against the boyfriend, Eric J. Davis, for obstruction of justice and providing false information to police officers.
Police say Davis told them he made up the story about Calton because he was "scared" of Elkins, his girlfriend, according to a police affidavit filed in 4th District Court.
Such fear seems strange, said Elkins' attorney, McKay King, because the couple is still together. Besides, Elkins, at 5 feet 6 inches and 110 pounds, has consistently maintained she doesn't remember what happened that night in January, King said.
Elkins, Davis and the witness told police they had been drinking heavily that night, King said.
Elkins, who has no criminal history, pleaded guilty in May to simple assault and obstruction of justice and was ordered to complete drug treatment instead of jail time to address her alcohol issue, King said.
But the story gets weirder.
When Calton was arrested for the stabbing, officers found marijuana and paraphernalia on him, so he got slapped with a drug charge. He insisted he hadn't committed the assault, but still faced the potential of 15 years in prison if convicted of possessing pot with the intent to sell it.
Both Calton and his attorney, Shawn Howell, agreed it would be better to take a plea deal than face a jury. So Calton pleaded guilty to aggravated assault and possession with intent to distribute, which prosecutors reduced from a second- to a third-degree felony.
Recent comments
Probably won't be any more comments because it's a new day online,...
Can't do an appeal now | July 3, 2009 at 12:10 a.m.
And this is why the death penalty needs to be done away with...
Justice - Not! | July 2, 2009 at 10:08 p.m.
Our courts are a joke (judges win re-election nearly by default and...
System Failings | July 2, 2009 at 9:44 p.m.
- SLCC athletics winning with locals 8:19 p.m.
- Bronco, Kyle rubber match 8:16 p.m.
- Palin invited to dine with Graham 8:07 p.m.
- RSL trails 1-0 at half 7:53 p.m.
- Plenty on line for rivalry game 7:51 p.m.
- Grand Canyon permit changing 7:48 p.m.
- Astronaut's daughter is born 7:47 p.m.
- Investors look to data-heavy week 7:36 p.m.
- Bird, Magic inducted into college hall 7:21 p.m.
- Haslem's jumper gets Heat win 7:19 p.m.
- Glenn Beck to enter politics?
- BYU records with win
- Jazz outlast Pistons in overtime
- Cougars turn focus to dreaded rivals
- Cougars put the fun back in football
- Former BYU professor remembered
- Kirilenko heating up for the Jazz
- Police link alcohol to murder
- Wendover airfield's legacy lost?
- Florida No. 1, TCU 4 in AP Top 25
- Buttars wants to limit gay rights laws
201 - Glenn Beck to enter politics?
183 - Palin plans tour stop in Utah
178 - BYU records with win
127 - Palin's book shows she's unqualified
125 - Officer cleared in Cardall Taser case
103 - BYU cuts Women's Research Inst.
100 - Jazz finally win in San Antonio
98 - Utes knock off rival Aggies
93 - Huntsman pleased with Obama
87
A little after midnight Wednesday morning, about 21 hours ago as I write...
There's a lot of reason to leave your plastic home as you shop:
Andy's great. A true professional. I admire and respect him, especially...
Then you did not play basketball or you would have remembered that very...
Such stupidity. I know not all Utah fans are stupid. Come on rational ute...
For all yewt fans out there saying max is gonna fold under pressure...he has...
Aaahhhh, we're down 1-0 at half time. Come on Real, get two back.
SEC is the most overrated conference in football, period! They claim their...
Organized religion is mostly just big business. It has little to do with...
For those who think it's so easy, just a reminder that the amount of the...
TCU is the best team ever in the MWC and deserves a chance in the title game....
Reading these comments are hilarious. It's sad that there are so many...

