Court record sealed in death of Millard Co. sheriff's deputy Josie Greathouse Fox

FILLMORE — A judge has ruled that basic information prosecutors used to justify a criminal charge against a man allegedly connected to the slaying of a sheriff's deputy should not be made public.

The information, contained in a document known as a "no warrant arrest fact sheet," was sealed Wednesday by 4th District Judge Donald J. Eyre at the request of the Millard County Attorney's Office. Eyre's decision prevents the release of the fact sheet or probable cause statement filed in the case against Ruben Chavez-Reyes. Such a document — typically considered public — includes information justifying the reasons why charges have been filed.

Chavez-Reyes, 36, was charged late Tuesday with obstructing justice, a second-degree felony, in connection with the death of Millard County sheriff's deputy Josie Greathouse Fox.

In making their request, prosecutors argued that public release of information contained in the probable cause statement would "hinder a capital murder investigation, which is ongoing, and would have a substantial likelihood of materially prejudicing" the cases against Chavez-Reyes and Roberto Miramontes Roman.

Roman, 37, is charged with capital murder in Fox's death and tampering with evidence, a third-degree felony. If he's convicted, prosecutors have said they intend to seek the death penalty.

The Deseret News, through attorneys Jeff Hunt and David Reymann, has voiced its opposition to Eyre's decision in a letter sent to the judge Wednesday. The letter requests a hearing on the judge's order to seal the fact sheet. The News has also asked to be notified of any further attempts to seal court records.

"It's one of the most important documents in a criminal case because it's the state's justification for taking away someone's liberty," Hunt said, referring to the probable cause statement.

"There's a compelling public interest in access to this document," said Hunt, who called the prosecutor's request to seal the record "unorthodox" and "extraordinary."

Millard Chief Deputy County Attorney Patrick Finlinson issued a press release on Jan. 8 first thanking the media for helping distribute information in the search of the suspects. The statement then announced that prosecutors would not discuss additional evidence in the case and said "all records relating to the investigation" would not be made public. Any "requests for such records will be denied," he said.