Gun charge dropped against jail deputy

A judge has dismissed a felony weapons charge against a Uintah County sheriff's corrections deputy, citing a lack of probable cause.

Cpl. Denile Gale, 42, was charged in April as an accessory with one count of possession of a firearm by a restricted person, a third-degree felony.

Vernal Police Chief Gary Jensen said his officers were called to investigate a roving fight between multiple people on Feb. 23. One of the participants in the fight — which involved the use of a kitchen knife, keys and a belt as weapons — was Gale's son, Brandon Gale, Jensen said.

At one point during the fight, according to court records, Brandon Gale produced a 9mm handgun, loaded it and brandished it. Gale, 21, denied brandishing the gun when interviewed by police. He told officers that the gun belonged to his father and he had it "because he was out shooting," court records state.

Jensen said a records check on Brandon Gale revealed that he is restricted from possessing a firearm until 2012 because of a prior felony conviction. The chief added that investigators did not believe Gale had the gun without his father's knowledge or permission.

But 3rd District Judge Robert P. Faust, in a ruling issued last month, stated that prosecutors hadn't presented "any evidence that it is probable that (Denile) Gale provided the weapon on this particular occasion."

"In fact, there was information that the weapon was taken by his son without his knowledge or consent," Faust wrote.

The judge added that prosecutors also failed to demonstrate that Denile Gale had the "mental state" required by statute for a conviction.

Gale has returned to full duty with the sheriff's office; however, Utah Peace Officer Standards and Training spokesman Cameron Roden said investigators with that agency are looking into the case.

Roden said investigators could present their findings at the Sept. 29 meeting of the POST Council, the body responsible for sanctioning peace officers in Utah who break the law or otherwise violate the Law Enforcement Code of Ethics.

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