Senate Majority Leader Sheldon Killpack is arrested in DUI case

MILLCREEK — The political future of Senate Majority Leader Sheldon Killpack is unclear after he was arrested early Friday for investigation of DUI.

"I am deeply sorry for the impact this incident will have on those who support and trust me — my colleagues in the Senate, my constituents and, most importantly, my family," the Republican from Syracuse said in a statement released by the Senate. "I am a firm believer in responsibility and personal accountability, and am prepared to accept all personal, legal and political consequences for my actions."

The Utah State Constitution contains a provision granting lawmakers "privilege from arrest" during a legislative session as well as 15 days before and after, "in all cases except treason, felony or breach of the peace … " The 2010 Legislature begins Jan. 25.

Killpack's attorney, Ed Brass, said he and co-counsel Kim Cordova were told by Killpack he "does not intend to avail himself of that provision, and he intends to go through the process as would any other citizen. However, we as his lawyers may have a different opinion and we will discuss that in the future."

Killpack, 41, was pulled over near 700 East and 3300 South about 12:15 a.m. after a member of the Utah Highway Patrol's DUI squad noticed a vehicle "with a poor driving pattern," said UHP Sgt. Jeff Nigbur. The vehicle was stopped in the parking lot of the Supersonic Car Wash.

"I made contact with the subject at the driver side door and requested the subject's information. I could smell the odor of alcohol coming from the subject's breath," a trooper wrote in a probable cause statement.

Killpack did not say who he was or whom he represented and the trooper didn't recognize him, Nigbur said. He also confirmed that there was a male passenger in the vehicle. Sources confirmed to the Deseret News that passenger was Mark Walker, a former lawmaker who was recently hired by West Valley City to work in economic development. Walker, who resigned the Legislature in the midst of an investigation into allegations he attempted to bribe an opponent in the state treasurer's race, also reportedly quit his new West Valley job.

Killpack had attended "Politics and Punches," a fundraiser for Rep. Greg Hughes, R-Draper, earlier in the evening but no alcohol was served at the event held in a Murray karate studio, according to House Speaker Dave Clark, R-Santa Clara. Clark said he attended an afternoon meeting with Killpack and saw him at the fundraiser, but did not see him leave.