FILE - This undated file photo released by the Lindon City Police Department shows police officer Joshua Boren from Lindon, Utah. Authorities say Boren used his service weapon when he killed his wife, two children and his mother-in-law before turning the gun on himself in January. Spanish Fork City Police Lt. Matt Johnson says the agency's investigation was unable to determine Boren's exact motive. But he says investigators did learn the 34-year-old Boren and his wife were having marital problems. (AP Photo/Lindon City Police Department, File) [ http://news.yahoo.com/police-officer-killed-family-had-raped-wife-235805261.html ]
FILE - In this Jan. 22, 2014, file photo, the third of four caskets containing a member of the Boren family is carried to the interment after the funeral service at Lindquist's Mortuary in Layton, Utah. Authorities say Utah police officer Joshua Boren used his service weapon when he killed his wife, two children and his mother-in-law before turning the gun on himself in January. Spanish Fork City Police Lt. Matt Johnson says the agency's investigation was unable to determine Lindon police officer Joshua Boren's exact motive. But he says investigators did learn the 34-year-old Boren and his wife were having marital problems. (AP Photo/Deseret News, Laura Seitz, File) [ http://news.yahoo.com/police-officer-killed-family-had-raped-wife-235805261.html ]
FILE - In this Jan. 22, 2014, file photo, Provo Police Department officer Dan Smith, center, comforts his wife, Bre Smith, and his children at the funeral for Kelly Boren, her children, Joshua "Jaden" Boren, Haley Boren and her mother, Marie King at Lindquist's Memorial Park in Layton, Utah. Authorities say Utah police officer Joshua Boren used his service weapon when he killed his wife, two children and his mother-in-law before turning the gun on himself in January. Spanish Fork City Police Lt. Matt Johnson says the agency's investigation was unable to determine Lindon police officer Joshua Boren's exact motive. But he says investigators did learn the 34-year-old Boren and his wife were having marital problems. (AP Photo/Standard-Examiner, Briana Scroggins, File) [ http://news.yahoo.com/police-officer-killed-family-had-raped-wife-235805261.html ]
Lindon police officer Joshua Boren, second from left, shot and killed his wife, two children and mother-in-law before killing himself on Thursday, Jan. 16, 2014, according to Spanish Fork police. Boren, 34, Kelly Boren, 32, Joshua Jaden Boren, 7, Haley Boren, 5, and Marie King, 55, were found dead inside a house at 37 N. 630 West in Spanish Fork where they all lived. Facebook [ http://www.deseretnews.com/article/865606440/Officer-who-killed-family-had-dark-side-struggled-since-childhood.html ]
By BRADY McCOMBS Jul 7, 2014, 7:58 PM ET
SALT LAKE CITY (AP) — A Utah police officer who killed his wife, their two children, his mother-in-law and then himself received text messages from his wife just hours earlier threatening to leave him and take their kids and confronting him for raping her, new documents show.
A Spanish Fork Police report shows Joshua Boren and his wife exchanged heated texts the night and morning before the January killings.
Joshua Boren's therapist told authorities that Boren drugged his wife and videotaped himself sexually assaulting her on more than one occasion.
Kelly Boren learned of the assaults when she discovered the tapes in 2013, said Spanish Fork Police Lt. Matt Johnson. She told a few friends, but she did not report the assaults to police because she didn't want to ruin her husband's law enforcement career, the report says.
The night before she was killed, Kelly Boren brought up the alleged sexual assault again, texting the word "rape" to her husband four times, the documents show. "I hate my life because (of) you," she texted. "You killed a part of me."
She wrote in another text: "I don't want to live in fear and hate and anger."
The next morning, Kelly Boren told her husband she would take the kids, prompting Joshua Boren to reply by text: "Don't involve the kids, they are innocent."
The police report says Joshua Boren was sexually abused as a child, struggled with drug addiction as a young man and pornography addiction throughout his life, and had a deep-rooted hatred for his mother.
After his father committed suicide when he was 5, Joshua Boren's mother began using drugs and seeing several men, the report states. One of those men allegedly abused Joshua Boren, and he blamed his mother for not protecting him, his sister told police.
The therapist told police Boren was like a "3-year-old boy stuck in a big man's body."
"Josh was a very troubled individual that felt like he was about to lose his wife and children," police wrote in the report.
Joshua Boren had worked for the Lindon Police Department for only three months when the murder-suicide occurred. Before that, he was a Utah County sheriff's deputy for seven years, Johnson said.
He used the service weapon he was given for his duties as a Lindon police officer when he killed his family members and himself, authorities said. Toxicology reports from the autopsy show he had no drugs or alcohol in his system.
Police said the state medical examiner confirmed what investigators believed: Joshua Boren shot his wife, 32-year-old Kelly Boren; his 55-year-old mother-in-law, Marie King; and his two children, 7-year-old Joshua "Jaden" and 5-year-old Haley, before killing himself.
The shooting happened at the family's home in Spanish Fork, a city of about 37,000 located 50 miles south of Salt Lake City. The events stunned the community, as well as friends and family, said Johnson, who added investigators didn't find anybody who suspected Joshua Boren was capable of such an act.
Though Joshua Boren wasn't living at the house, friends and family said he still came every morning to get the kids ready for school and preschool, Johnson said. He also picked them up every afternoon.
"He was praised as being an excellent father," Johnson said.
Swallow, Shurtleff arrested, face 23 counts, up to 30 years prison
Swallow » Forced from the office in December as scandal grew in scope.
By Robert Gehrke, Bob Mims, Marissa Lang and Matt Canham | The Salt Lake Tribune First Published Jul 15 2014 08:15 am • Updated 3 hours ago
In the culmination of the most sweeping political scandal in Utah history, former Attorneys General John Swallow and Mark Shurtleff were arrested Tuesday and charged with a combined 23 counts that could land each in prison for 30 years.
The two men were taken into custody at their homes without incident Tuesday morning and booked into the Salt Lake County Jail. Bail was set at $250,000 each.
Shurtleff was released about 11:45 a.m. Swallow was let out about 12:15 p.m.
Swallow, who was forced from office in December less than a year into his first term, was charged in 3rd District Court with 11 felonies and two misdemeanors, including multiple counts of receiving or soliciting bribes, accepting gifts, tampering with evidence, obstructing justice and participating in a pattern of unlawful conduct.
Shurtleff, who served 12 years as attorney general before making Swallow his handpicked Republican successor, was charged with 10 felonies, including receiving or soliciting bribes, accepting gifts, tampering with witnesses and evidence, and participating in a pattern of unlawful conduct.
The charges come after two years of investigative work by state and federal authorities, as well as the Utah Legislature and the lieutenant governor’s office. Mary Rook, special agent in charge of the FBI’s Salt Lake City office, said investigators will continue to pursue information uncovered during the probe.
"This has been a complex, nuanced, multiple investigation. ... Multiple leads continue to be investigated [and] the investigation remains active," said Salt Lake County District Attorney Sim Gill. "We have filed what we think are appropriate and minimal charges. We could have filed more, but we chose at this time to just file what we did."
Gill, a Democrat, denied any political motivation in the probe, noting he worked alongside Davis County Attorney Troy Rawlings, a Republican, investigators from the state Department of Public Safety and the FBI. He also cited independent inquiries by a bipartisan Utah House committee and the Republican-led lieutenant governor’s office.
"We are all public servants," Gill said. "We took an oath to uphold the law and do our jobs professionally and competently. … There is absolutely no political motivation."
In an afternoon news conference after his release, Shurtleff, who has repeatedly proclaimed his innocence, lambasted Gill, accusing the Democratic D.A. of playing politics with the probe and bringing charges "he knows he cannot possibly prove beyond a reasonable doubt" simply to enhance his re-election prospects this fall.
Shurtleff said he is "not perfect. I never professed to be."
"I, as all of us, made mistakes in my time as attorney general, probably, clearly errors in judgment, but I have never intentionally committed any violation of the ethics, codes of ethics," he said. "I have never misused or abused the public trust and I have certainly not violated any of the criminal laws of the state."
As Swallow walked out of the jail, wearing a dark blue polo shirt and jeans, he headed straight for a crowd of news crews, photographers and reporters.
"This finally gives us the opportunity to start to respond back. With multiple investigations, we were hesitant to say anything. Now, we have our constitutional right to make our case in court, " said Swallow, who has maintained his innocence throughout the mushrooming scandal. "I look forward to that."
Video: Watch Tribune reporters Robert Gehrke and Tom Harvey as they discuss the investigation and what happens now
The allegations detailed in the charging documents span several years and involve intricate schemes with numerous characters.
Among the alleged wrongdoing:
• Swallow is accused of accepting $17,000 in gold coins from Richard Rawle, the now-deceased owner of the Provo-based Check City payday-loan chain.
• Shurtleff and Swallow are accused of taking illegal gifts from the now-indicted Jeremy Johnson at a time when Johnson was seeking a legal opinion that would enable the southern Utah businessman to process online-poker transactions. Both men rode on Johnson’s private jet and stayed in his St. George homes. Swallow also twice used Johnson’s luxury Lake Powell houseboat.
• After an April 2012 meeting with Johnson at an Orem Krispy Kreme doughnut shop — an encounter Johnson secretly recorded — Swallow allegedly began destroying and falsifying evidence to cover up a deal he made in which Johnson paid $250,000 to Rawle to enlist Senate Majority Leader Harry Reid’s help to stave off a federal investigation of Johnson’s I Works business.
• Swallow is accused of asking Johnson’s former attorney for $120,000, which Swallow allegedly said could help Johnson’s legal woes. Johnson now faces 86 federal criminal charges in connection to I Works. His current lawyer, Ron Yengich, declined to comment on Tuesday’s events, citing a gag order issued in Johnson’s criminal case. The St. George businessman’s allegations, which made headlines just days after Swallow took office as attorney general in January 2013, prompted the scandal.
• Shurtleff and Swallow are accused of staying in the lavish Newport Beach villa of now-jailed businessman Marc Sessions Jenson, while Jenson was free on a plea deal to securities charges that Shurtleff was directly involved in negotiating and while Jenson was still under the supervision of the attorney general’s office. The gifts exceeded limits for public officials, although the trips occurred before Swallow joined the office.
• Shurtleff allegedly dismissed a massive mortgage-fraud lawsuit against Bank of America against the wishes of his own staff prosecutors at a time he was negotiating a job with a law firm that represented the bank.
Swallow and Shurtleff remained at the Salt Lake County Jail for about three hours Tuesday as they were photographed, fingerprinted and searched, as is customary in the booking process.
Although bail was set at $250,000 for each, both were released through Pretrial Services, meaning they entered into a supervised release arrangement and did not have to post a bond to get out. This was part of an offer made by Gill’s office as a show of good faith to the former attorneys general.
"They are first-time offenders," Gill said in an interview. "But they’re first-time offenders unlike any in the history of the state."
Shurtleff, who made his way out of the jail on crutches as a result of a recent surgery, was met by his daughter, whom he embraced as journalists looked on.
Squinting into the midday sun and making his way to an SUV waiting in the jail parking lot, Shurtleff acknowledged he had "an idea" that he would be arrested Tuesday, but he did not elaborate.
Swallow, who exited the jail about a half hour later, said his arrest came as a total surprise.
"I absolutely maintain my innocence. This is just a process," Swallow said. "I look forward to my day in court to confront my accusers and to share my side of the story for, really, the first time."
Both men commended the treatment they received inside the jail. Swallow said he was held separately from Shurtleff, and the two did not have a chance to communicate, "nor did we attempt to do so."
SALT LAKE CITY (AP) - Two former Utah attorneys general were arrested on an array of bribery charges Tuesday stemming from cozy relationships with several businessmen, a stunning fall for a pair of politicians who built immense political clout in their years at the highest level of state law enforcement.
John Swallow, 51, and Mark Shurtleff, 56, were arrested at their homes Tuesday morning, Salt Lake County District Attorney Sim Gill said at a news conference at the FBI office in Salt Lake City in which he detailed payoffs involving gold coins, swanky resorts and other luxury gifts.
"This is a sad day for Utah," Republican Gov. Gary Herbert said in a statement. "The entire situation, regardless of how the legal process plays out, is a black eye for our state."
Court records show John Swallow faces 13 charges, including felony bribery charges, while Shurtleff faces 10 counts that include bribery. The most serious charges for each man come with a maximum penalty of 15 years in state prison.
Gill said the investigation is ongoing and additional charges will likely be filed against both men and others.
It's unclear if federal charges are being considered, though the FBI said it will continue to investigate a number of leads.
When Swallow walked out of jail Tuesday afternoon, he said he'd known for a few weeks that this was likely to happen.
"I absolutely maintain my innocence," he said. "This finally gives us the opportunity to start to respond back."
Swallow, a Republican, said he looks forward to making his case in court "to confront my accusers and to share my side of the story for really the first time."
Shurtleff, also a Republican, said the charges leveled against him are completely false and motivated by a politically charged investigation by Gill, a Democrat. He accused Gill in charging forward with an incomplete investigation and engaging in political sideshow antics for his own political gain during a re-election year.
Gill defends the investigation and points to cooperation from a Republican county attorney, the state department of public safety and the FBI as evidence that inquiry is not politically motivated.
Shurtleff called it a "sobering experience" to be arrested and recognized making errors in judgment during his tenure in office.
"But I have never intentionally committed any violation of the ethics," Shurtleff said at an afternoon news conference at his attorney's office. "I have never misused or abused the public's trust. And I certainly have not violated any of the criminal laws of the state of Utah."
Gill said both men are accused of accepting at least $50,000 in cash or campaign contributions from people who faced or expected to face scrutiny from the attorney general's office. They used a luxury jet and personal property belonging to a businessman in trouble with regulators, authorities said. Swallow also used the businessman's million-dollar houseboat on Lake Powell, according to officials.
Swallow's former employer, a Utah payday loan titan, gave Swallow 12 one-ounce gold coins when he left to join the attorney general's office, court documents said. Swallow, while working as a chief deputy in the attorney general's office, later sold back the coins one at time, receiving $17,000 in all.
Both Shurtleff and Swallow stayed at a high-end Newport Beach resort where they enjoyed meals, golf, clothing and massages paid for by another businessman who had been charged earlier with fraud by the Utah attorney general's office.
They're also accused of trying to cover up the alleged schemes.
Both have denied all the allegations.
Swallow resigned in late 2013 after spending nearly 11 months dogged by the bribery and corruption allegations. Swallow adamantly denied breaking any laws and said the toll of the scrutiny had become too much for him and his family.
The first bombshell allegations dropped less than a week after Swallow took the oath of office in January 2013, when a businessman in trouble with federal regulators accused Swallow of arranging a bribery plot involving Senate Majority Leader Harry Reid of Nevada. Reid and Swallow, who pledged to fight white collar crime during his campaign, denied the allegations.
In the months following, the accusations and investigations snowballed and led to probes by the U.S. Department of Justice, Utah elections officials and the state bar. Reid has not been implicated in the investigation.
An investigation from Utah lawmakers concluded Swallow destroyed and fabricated records and hung a veritable "for sale" sign on the door of the attorney general's office.
Swallow said any missing records were deleted unintentionally.
Shurtleff, his predecessor, is Utah's longest-serving attorney general. He left the office in early 2013 after a dozen years in office, but allegations of corruption followed him.
Swallow served as chief deputy for Shurtleff from 2009 to early 2013.
Officials with the state's pretrial services agreed to let Shurtleff and Swallow out without posting bail, court records show. Initial court appearances have not been set.
Associated Press reporters Brady McCombs, Annie Knox and Rick Bowmer in Salt Lake City and Michelle Rindels in Las Vegas contributed to this report.
In our opinion: With arrest of Shurtleff and Swallow, it's time to consider an appointed attorney general for Utah Following his statement, former Utah Attorney General Mark Shurtleff, rubs his head Tuesday, July 15, 2014. The indictment of two former attorneys general raises serious questions about political corruption in Utah. We have a “perfect storm” here: the confluence of single-party dominance, no campaign finance rules and an elected attorney general. July 16 2014 [...] It is time for the state to begin a serious discussion about how to address the causes of Utah’s “perfect storm.” In the absence of campaign finance restrictions, the state should seriously consider making the attorney general a position that is appointed by the governor and confirmed by the Legislature. http://www.deseretnews.com/article/865606974/With-arrest-of-Shurtleff-and-Swallow-its-time-to-consider-an-appointed-attorney-general-for-Utah.html [no comments yet]
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