4TH DISTRICT COURT - PROVO

UTAH COUNTY, STATE OF UTAH
STATE OF UTAH vs. JUDSON MONTGOMERY BAGLEY
CASE NUMBER 131400924 State Felony
________________________________________________________________________________
CHARGES
Charge 1 - 58-37-8(3)(A)(II) - ATTEMPTED FALSELY
OBTAINING/DISPENSING PRESCRIPTIO 3rd Degree Felony (amended) to
Class A Misdemeanor
Offense Date: May 04, 2012
Plea: June 03, 2013 Guilty
Disposition: June 03, 2013 Guilty
Charge 2 - 58-37-8(3)(A)(II) - ATTEMPTED FALSELY
OBTAINING/DISPENSING PRESCRIPTIO 3rd Degree Felony (amended) to
Class A Misdemeanor
Offense Date: June 04, 2012
Plea: June 03, 2013 Guilty
Disposition: June 03, 2013 Guilty
Charge 3 - 58-37-8(3)(A)(II) - ATTEMPTED FALSELY
OBTAINING/DISPENSING PRESCRIPTIO 3rd Degree Felony (amended) to
Class A Misdemeanor
Offense Date: August 30, 2012
Plea: June 03, 2013 Guilty
Disposition: June 03, 2013 Guilty
Charge 4 - 58-37-8(3)(A)(II) - FALSELY OBTAINING/DISPENSING
PRESCRIPTIO 3rd Degree Felony
Offense Date: August 30, 2012
Disposition: June 03, 2013 Dismissed (w/o prej)
Charge 5 - 58-37-8(3)(A)(II) - FALSELY OBTAINING/DISPENSING
PRESCRIPTIO 3rd Degree Felony
Offense Date: October 29, 2012
Disposition: June 03, 2013 Dismissed (w/o prej)
Charge 6 - 58-37-8(3)(A)(II) - FALSELY OBTAINING/DISPENSING
PRESCRIPTIO 3rd Degree Felony
Offense Date: December 11, 2012
Disposition: June 03, 2013 Dismissed (w/o prej)
Charge 7 - 58-37-8(3)(A)(II) - FALSELY OBTAINING/DISPENSING
PRESCRIPTIO 3rd Degree Felony
Offense Date: January 02, 2013
Disposition: June 03, 2013 Dismissed (w/o prej)
Printed: 03/25/15 18:26:57
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CASE NUMBER 131400924 State Felony
________________________________________________________________________________
Charge 8 - 58-37-8(3)(A)(II) - FALSELY OBTAINING/DISPENSING
PRESCRIPTIO 3rd Degree Felony
Offense Date: January 31, 2013
Disposition: June 03, 2013 Dismissed (w/o prej)
CURRENT ASSIGNED JUDGE
SAMUEL MCVEY
Division 1
PARTIES
Defendant Represented
Represented
Represented
Plaintiff Represented

JUDSON MONTGOMERY BAGLEY
by: JOSHUA S BARON
by: SEYYED Y SHARIFI
by: KYLER E OVARD
STATE OF UTAH
by: JEFFREY R BUHMAN

DEFENDANT INFORMATION
Defendant Name: JUDSON MONTGOMERY BAGLEY
Offense tracking number: 38473526
Date of Birth: May 20, 1971
Law Enforcement Agency: LEHI POLICE
Prosecuting Agency: UTAH COUNTY
ACCOUNT SUMMARY
TimePay: $200.00 monthly on the 1st.
Most Recent Payment: 12/10/2013
Final Payment
: 12/01/2013
TOTAL REVENUE Amount Due:
884.30
Amount Paid:
884.30
Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: FINE
Amount Due:
859.00
Amount Paid:
859.00
Amount Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: INTEREST
Amount Paid:
4.55
Printed: 03/25/15 18:26:57
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CASE NUMBER 131400924 State Felony
________________________________________________________________________________
Amount Credit:
0.00
Balance:
0.00
Account Adjustments
Date
Amount
Reason
Dec 10, 2013
4.55
Interest Posted to Date
REVENUE DETAIL - TYPE: COPY FEE
Amount Due:
0.75
Amount Paid:
0.75
Amount Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: COPY FEE
Amount Due:
3.00
Amount Paid:
3.00
Amount Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: CERTIFIED COPIES
Amount Due:
5.00
Amount Paid:
5.00
Amount Credit:
0.00
Balance:
0.00
REVENUE DETAIL - TYPE: CERTIFICATION
Amount Due:
12.00
Amount Paid:
12.00
Amount Credit:
0.00
Balance:
0.00
PROCEEDINGS
04-04-13 Case filed
04-04-13 Filed: From an Information
04-04-13 Judge SAMUEL MCVEY assigned.
04-04-13 Filed: Information
04-04-13 INITIAL APPEARANCE scheduled on April 29, 2013 at 01:00 PM in
Third floor, Rm 302 with Judge MCVEY.
04-04-13 Issued: Summons
Judge SAMUEL MCVEY
Hearing Date: April 29, 2013
Time: 13:00
04-12-13 Filed: Appearance of Counsel
04-12-13 Filed: Request for Discovery
04-12-13 Filed: Certificate of Mailing/Service
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CASE NUMBER 131400924 State Felony
________________________________________________________________________________
04-12-13 Filed: Return of Electronic Notification
04-29-13 Minute Entry - Minutes for Initial Appearance
Judge:
SAMUEL MCVEY
PRESENT
Clerk:
juliea
Prosecutor: PEAD, SAMUEL S
Defendant
Defendant's Attorney(s): SHARIFI, SEYYED Y
Audio
Tape Number:

13-302

Tape Count: 1:24

INITIAL APPEARANCE
A copy of the Information is given to the defendant.
Defendant waives reading of Information.
Advised of charges and penalties.
WAIVE PRELIM HEARING is scheduled.
Date: 06/03/2013
Time: 01:00 p.m.
Location: Third floor, Rm 302
FOURTH DISTRICT COURT
125 N 100 W
PROVO, UT 84601
Before Judge: SAMUEL MCVEY
04-29-13 WAIVE PRELIM HEARING scheduled on June 03, 2013 at 01:00 PM in
Third floor, Rm 302 with Judge MCVEY.
06-03-13 Charge 1 Disposition is Guilty
06-03-13 Charge 2 Disposition is Guilty
06-03-13 Charge 3 Disposition is Guilty
06-03-13 Charge 4 Disposition is Dismissed
06-03-13 Charge 5 Disposition is Dismissed
06-03-13 Charge 6 Disposition is Dismissed
06-03-13 Charge 1 amended to Class A Misdemeanor
06-03-13 Charge 7 Disposition is Dismissed
06-03-13 Charge 8 Disposition is Dismissed
06-03-13 Charge 2 amended to Class A Misdemeanor
06-03-13 Charge 3 amended to Class A Misdemeanor
06-03-13 Minute Entry - Minutes for Arraignment
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CASE NUMBER 131400924 State Felony
________________________________________________________________________________
Judge:
SAMUEL MCVEY
PRESENT
Clerk:
calliw
Prosecutor: PEAD, SAMUEL S
Defendant
Defendant's Attorney(s): SHARIFI, SEYYED Y
Audio
Tape Number:

401

Tape Count: 1.28, 1.34

ARRAIGNMENT
Advised of rights and penalties.
Defendant is arraigned.
Misdemeanor sentencing guideline report ordered.
The Judge orders Adult Probation & Parole to prepare the report.
Statement by defendant received and accepted after factual basis
given. Defendant is ordered to report to Adult Probation and Parole
within 24 hours. Counsel stipulate that this case does not involve
a motor vehicle. Court grants stipulation.
SENTENCING is scheduled.
Date: 07/01/2013
Time: 02:00 p.m.
Location: Third floor, Rm 302
FOURTH DISTRICT COURT
125 N 100 W
PROVO, UT 84601
Before Judge: SAMUEL MCVEY
06-03-13 Filed order: Statement of Defendant in Support of Guilty Plea
and Certificate of Counsel
Judge SAMUEL MCVEY
Signed June 03, 2013
06-03-13 Filed: Signed Minute Entry
06-04-13 SENTENCING scheduled on July 01, 2013 at 02:00 PM in Third
floor, Rm 302 with Judge MCVEY.
06-11-13 Filed: Other Proposed :Order (Proposed)
06-11-13 Filed: Return of Electronic Notification
06-12-13 Filed order: Order
Judge SAMUEL MCVEY
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CASE NUMBER 131400924 State Felony
________________________________________________________________________________
Signed June 12, 2013
06-12-13 Filed: Return of Electronic Notification
06-13-13 **** PRIVATE **** Filed: Adult Probation and Parole Misdem
07-01-13 Minute Entry - Minutes for SENTENCE, JUDGMENT, COMMITME
Judge:
SAMUEL MCVEY
PRESENT
Clerk:
calliw
Prosecutor: PEAD, SAMUEL S
Defendant
Defendant's Attorney(s): BARON, JOSHUA S
Audio
Tape Number:

302

Tape Count: 1.18

SENTENCE JAIL
Based on the defendant's conviction of ATTEMPTED FALSELY
OBTAINING/DISPENSING PRESCRIPTIO a Class A Misdemeanor, the
defendant is sentenced to a term of 1 year(s) The total time
suspended for this charge is 1 year(s).
Based on the defendant's conviction of ATTEMPTED FALSELY
OBTAINING/DISPENSING PRESCRIPTIO a Class A Misdemeanor, the
defendant is sentenced to a term of 1 year(s) The total time
suspended for this charge is 1 year(s).
Based on the defendant's conviction of ATTEMPTED FALSELY
OBTAINING/DISPENSING PRESCRIPTIO a Class A Misdemeanor, the
defendant is sentenced to a term of 1 year(s) The total time
suspended for this charge is 1 year(s).
SENTENCE JAIL CONCURRENT/CONSECUTIVE NOTE
Sentence is to run concurrent on each count.
SENTENCE FINE
Charge # 1
Fine: $2500.00
Suspended: $1641.00
Surcharge: $424.26
Due: $859.00
Charge # 2

Fine: $2500.00
Suspended: $2500.00

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CASE NUMBER 131400924 State Felony
________________________________________________________________________________
Charge # 3
Fine: $2500.00
Suspended: $2500.00
Total Fine:
Total Suspended:
Total Surcharge:
Total Principal Due:

$7500.00
$6641.00
$424.26
$859.00
Plus Interest

COMMUNITY SERVICE
Complete 120 hour(s) of community service.
Community service is to be completed by November 1, 2013.
SENTENCE COMMUNITY SERVICE NOTE
Defendant is ordered to complete 10 hours of community service per
week and have it call completed within 4 months.
SCHEDULED TIMEPAY
The following cases are on timepay 131400924.
The defendant is to pay $200.00 monthly on the 1st.
The number of payments scheduled is 4 plus a final payment of
$63.10.
The first payment is due on 08/01/2013 the final payment of $63.10
is due on 12/01/2013. The final payment may vary based on
interest.
ORDER OF PROBATION
The defendant is placed on probation for 12 month(s).
Probation is to be supervised by FOURTH DISTRICT COURT.
Defendant is to pay a fine of 859.00 which includes the surcharge.
Interest may increase the final amount due.
Pay fine to The Court. This can be paid online at:
www.utcourts.gov/payments.
PROBATION CONDITIONS
Defendant is ordered to obey all laws, State, Local and Federal,
and have no further violations during the probation period.
Defendant is ordered to notify the Court and Adult Probation and
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CASE NUMBER 131400924 State Felony
________________________________________________________________________________
Parole of a current address at all times, and is ordered to make
him/herself available to Adult Probation and Parole and the court
when requested to do so.
All community service hours ordered need to be verified and proof
submitted to the court.
Defendant is to complete the treatment he is currently in and
provide proof of completion to the court.
07-01-13 Filed: Signed Minute Entry
07-02-13 Fine Account created
Total Due:
859.00
07-02-13 Note: Added to payment schedule 1060082818
07-02-13 Filed: Letter from Intermountain LDS Hospital Dayspring
(Defendant completed chemical dependency treatment program)
07-02-13 Fee Account created
Total Due:
4.55
07-02-13 Note: Added to payment schedule 1060082818
08-01-13 Fine
Payment Received:
198.42
08-01-13 INTEREST
Payment Received:
1.58
09-03-13 Fine
Payment Received:
198.71
09-03-13 INTEREST
Payment Received:
1.29
10-01-13 Fine
Payment Received:
199.23
10-01-13 INTEREST
Payment Received:
0.77
10-22-13 Filed: Proof of Community Service (120.5 hours)
11-25-13 Fine
Payment Received:
199.15
11-25-13 INTEREST
Payment Received:
0.85
12-10-13 Fine
Payment Received:
63.49
12-10-13 INTEREST
Payment Received:
0.06
01-06-14 Fee Account created
Total Due:
0.75
01-06-14 COPY FEE
Payment Received:
0.75
Note: 1.00 cash tendered.
0.25 change given.
01-06-14 Fee Account created
Total Due:
3.00
01-06-14 COPY FEE
Payment Received:
3.00
04-22-14 Fee Account created
Total Due:
5.00
04-22-14 Fee Account created
Total Due:
12.00
04-22-14 CERTIFIED COPIES
Payment Received:
5.00
04-22-14 CERTIFICATION
Payment Received:
12.00
07-01-14 Case Closed
Disposition Judge is SAMUEL MCVEY

Printed: 03/25/15 18:26:58

Page 8 (last)

Page 8 of 8

TIMOTHY L. TAYLOR #8001
Utah County Attorney
Julia Thomas #9698
Deputy Utah County Attorney
100 East Center, Suite 2100
Provo, Utah 84606
Email: dcourt@utahcounty.gov
Phone: (801) 851-8026
Fax: (801) 8518051

IN THE FOURTH JUDICIAL DISTRICT COURT
UTAH COUNTY, STATE OF UTAH
STATE OF UTAH,

INFORMATION

Plaintiff,
vs.
JUDSON MONTGOMERY BAGLEY
4698 North Shade View Lane
Lehi, UT 84043
DOB: 05/20/1971,

Case No.
Judge
OTN

Defendant.
The State of Utah, by and through Julia Thomas, Deputy Utah County Attorney, charges
the defendant(s) with the commission of the following offense(s):
COUNT 1: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, in violation of Utah Code Ann § 58-37-8(3)(a)(ii), in that on or about
05/04/2012, in Utah County, the defendant did knowingly and intentionally acquire or obtain
possession of, procure or attempt to procure the administration of, obtain a prescription for,
prescribe or dispense to any person known to be attempting to acquire or obtain possession of, or
procure the administration of any controlled substance by misrepresentation or failure to disclose
receiving any controlled substance from another source, fraud, forgery, deception, subterfuge,
alteration of a prescription or written order for a controlled substance, or the use of a false name
or address.

COUNT 2: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, in violation of Utah Code Ann § 58-37-8(3)(a)(ii), in that on or about
06/04/2012, in Utah County, the defendant did knowingly and intentionally acquire or obtain
possession of, procure or attempt to procure the administration of, obtain a prescription for,
prescribe or dispense to any person known to be attempting to acquire or obtain possession of, or
procure the administration of any controlled substance by misrepresentation or failure to disclose
receiving any controlled substance from another source, fraud, forgery, deception, subterfuge,
alteration of a prescription or written order for a controlled substance, or the use of a false name
or address.
COUNT 3: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, in violation of Utah Code Ann § 58-37-8(3)(a)(ii), in that on or about
08/30/2012, in Utah County, the defendant did knowingly and intentionally acquire or obtain
possession of, procure or attempt to procure the administration of, obtain a prescription for,
prescribe or dispense to any person known to be attempting to acquire or obtain possession of, or
procure the administration of any controlled substance by misrepresentation or failure to disclose
receiving any controlled substance from another source, fraud, forgery, deception, subterfuge,
alteration of a prescription or written order for a controlled substance, or the use of a false name
or address.
COUNT 4: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, in violation of Utah Code Ann § 58-37-8(3)(a)(ii), in that on or about
08/30/2012, in Utah County, the defendant did knowingly and intentionally acquire or obtain
possession of, procure or attempt to procure the administration of, obtain a prescription for,
prescribe or dispense to any person known to be attempting to acquire or obtain possession of, or
procure the administration of any controlled substance by misrepresentation or failure to disclose
receiving any controlled substance from another source, fraud, forgery, deception, subterfuge,
alteration of a prescription or written order for a controlled substance, or the use of a false name
or address.
COUNT 5: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, in violation of Utah Code Ann § 58-37-8(3)(a)(ii), in that on or about
10/29/2012, in Utah County, the defendant did knowingly and intentionally acquire or obtain
possession of, procure or attempt to procure the administration of, obtain a prescription for,
prescribe or dispense to any person known to be attempting to acquire or obtain possession of, or
procure the administration of any controlled substance by misrepresentation or failure to disclose
receiving any controlled substance from another source, fraud, forgery, deception, subterfuge,
alteration of a prescription or written order for a controlled substance, or the use of a false name
or address.
COUNT 6: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third

Degree Felony, in violation of Utah Code Ann § 58-37-8(3)(a)(ii), in that on or about
12/11/2012, in Utah County, the defendant did knowingly and intentionally acquire or obtain
possession of, procure or attempt to procure the administration of, obtain a prescription for,
prescribe or dispense to any person known to be attempting to acquire or obtain possession of, or
procure the administration of any controlled substance by misrepresentation or failure to disclose
receiving any controlled substance from another source, fraud, forgery, deception, subterfuge,
alteration of a prescription or written order for a controlled substance, or the use of a false name
or address.
COUNT 7: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, in violation of Utah Code Ann § 58-37-8(3)(a)(ii), in that on or about
01/02/2013, in Utah County, the defendant did knowingly and intentionally acquire or obtain
possession of, procure or attempt to procure the administration of, obtain a prescription for,
prescribe or dispense to any person known to be attempting to acquire or obtain possession of, or
procure the administration of any controlled substance by misrepresentation or failure to disclose
receiving any controlled substance from another source, fraud, forgery, deception, subterfuge,
alteration of a prescription or written order for a controlled substance, or the use of a false name
or address.
COUNT 8: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, in violation of Utah Code Ann § 58-37-8(3)(a)(ii), in that on or about
01/31/2013, in Utah County, the defendant did knowingly and intentionally acquire or obtain
possession of, procure or attempt to procure the administration of, obtain a prescription for,
prescribe or dispense to any person known to be attempting to acquire or obtain possession of, or
procure the administration of any controlled substance by misrepresentation or failure to disclose
receiving any controlled substance from another source, fraud, forgery, deception, subterfuge,
alteration of a prescription or written order for a controlled substance, or the use of a false name
or address.
PROBABLE CAUSE STATEMENT: B. Kirkham, Lehi Police Department,
having probable cause to believe a crime was committed, submitted evidence in support of the
filing of this Information: On May 4, August 30, October 29, and December 11, 2012, the
defendant presented a script for controlled substances (Lortab and Adderall) at the Macey's
Pharmacy in Lehi. The script had originally been written in December, 2010, to be used one
time. The defendant had altered the dates and/or the substance in order to receive the substances
fraudulently. He did the same thing with the same original script, filling prescriptions for Lortab
and Adderall on June 4 and August 30, 2012 and January 2 and January 31, 2013 at the WalMart
pharmacy in American Fork. He presented the script again in February, 2013, but the pharmacy
refused to fill it. Defendant admitted his conduct when interviewed by police.
Based upon evidence received from B. Kirkham, Lehi Police Department, I have reason

to believe the defendant(s) committed the offense(s) as charged herein.
Authorized for presentment and filing this 1st day of April, 2013.
UTAH COUNTY ATTORNEY’S OFFICE

Sworn to by: ______________________________
Julia Thomas
Deputy Utah County Attorney
Attorney for Plaintiff
100 East Center, Suite 2100
Provo, Utah 84606

TIMOTHY L. TAYLOR #8001
Utah County Attorney
Julia Thomas #9698
Deputy Utah County Attorney
100 East Center, Suite 2100
Provo, Utah 84606
Email : dcourt@utahcounty.gov
Phone: (80 l) 851-8026
Fax: (80 I) 851-8051

IN THE FOURTH JUDICIAL DISTRICT COURT
UTAH COUNTY, STATE OF UTAH
STATE OF UTAH,
CRIMINAL SUMMONS
Plaintiff,
vs.
JUDSON MONTGOMERY BAGLEY.
DOB: 05/20/1971
4698 North Shade View Lane
Lehi, UT 84043

Case No.

1 3 1 ·4 0 0 9 2 4

Judge

Defendant.

THE STATE OF UTAH TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to appear and answer the Information 1he Utah
County Attorney's Office has filed agains1 you, before the Fourch District Court at the date, time,
and place shown below:

APR 2 9 2013

DATE:
PLACE:

V

TIME:

\'.QD

OR~,..

WJ

Fourth District Court
_ _ Fourth District Court
125 North JOO Wes!. Courtroorn~2
75 East 80 North, Courtroom_
Provo. Utah
American Fork. Utah

Judge

f11c,~

Judge _ _ _ _ _ _ __

Officer B. Kirkham. of the Lehi Police Department. has provided information and
evidence that you committed the following offense(s):

COUNT 1: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, on or about 05/04/2012, at in Utah County, Utah, in violation of Utah Code
Ann. §58-37-8(3)(a)(ii).
COUNT 2: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, on or about 06/04/2012, at in Utah County, Utah. in violation of Utah Code
Ann. §58-37-8(3)(a)(ii).
'i(• '

COUNT 3: 0Bf'4~N~~~y,._A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony;o'n~or about 08/30/2012, at in Utah County, Utah, in violation of Utah Code
Ann. §58-37-8(2)(a)(ii).
COUNT 4: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, on or about 08/30/2012, at in Utah County, Utah, in violation of Utah Code
Ann. §58-37-8(3)(a)(ii).
COUNT 5: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, on or about 10/29/2012, at in Utah County. Utah. in violation of Utah Code
Ann. §58-37-8(3)(a)(ii).
COUNT 6: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, on or about 12/11/2012, at in Utah County, Utah, in violation of Utah Code
Ann. §58-37-8(3)(a)(ii).
COUNT 7: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, on or about 01/02/2013, at in Utah County, Utah, in violation of Utah Code
Ann. §58-37-8(3)(a)(ii).
COUNT 8: OBTAINING A PRESCRIPTION UNDER FALSE PRETENSES, a Third
Degree Felony, on or about 01/31/2013, at in Utah County, Utah, in violation of Utah Code
Ann. §58-37-8(3}(a)(ii).

YOU ARE FURTHER COMMANDED to appear at the Utah County Jail, 3075
North Main, Spanish Fork, Utah, for processing and release (fingerprints, photograph, etc.).
You must appear at the jail BEFORE the date indicated above, between the hours of 7:00 a.m.
and 10:00 a.m., on Saturday, or Sunday.
YOU MUST take this SUMMONS with you to the jail for Jaw enforcement personnel to
complete. YOU MUST bring the completed SUMMONS with you to the court appearance set
forth above. Failure to do so can result in the Court finding you in contempt and placing
you in jail until the completion of the booking process.

If you fail to obey this Summons, the Court may issue a warrant for your arrest.
DATED this

4

day of

....;:a~fh----'-·_,_;_ _ _ _ __
DISTRICT JUDGE

DATE AND TIME APPEARED FOR BOOKING:

Da t e _ ! _ ! _

OFFENSE TRACKING NUMBER: _ _ _ _ __

SIGNATURE
TITLE:
In compliance with the Americans With Disabilities Act, individuals needing special
accommodations (including auxiliary communicative aids and services) during this
proceeding should call 429-1112, at least three working days prior to the proceeding.

S. YOSSOF SHARIFI- 11960
JOSHUA BARON- 11506
KYLER OVARD - 13570
155 North 400 West, Suite 530
Salt Lake City, UT 84103
Telephone: 801-656-1901
Facsiinile: 801-214-9921

4TH DISTRICT COURT- PROVO
UTAH COUNTY, STATE OF UTAH
STATE OF UTAH,
Plaintiff,
vs.

REQUEST FOR DISCOVERY
Case No. 131400924

JUDSON MONTGOMERY BAGLEY,
Defendant.

Judge SAMUEL MCVEY

Pursuant to Rules 4 and 16 of the Utah Rules of Criminal Procedure and the Due
Process Clauses of the Utah and United States Constitutions, Defendant hereby requests that
copies of the following materials be provided to defense counsel within thirty (30) days from
today's date:
1.

Any evidence which tends to negate the guilt of the defendant, or mitigate the
guilt of the defendant or mitigate the degree of the offense that has been
discovered by any member of the agencies involved in the investigation or
..prosecution of the above-entitled case. See, Brady v. Maryland, 373 U.S. 83 .
(1963); and Utah Rules of Criminal Procedure 16(a)(4).

2.

All evidence that has been discovered by any member of the agencies involved
in the investigation or prosecution that tends to inculpate the defendant.

3.

A list of all law enforcement. and/or civilian personnel including badge or
identification number, telephone and address, who initially responded in the
above entitled matter.

4.

A list of all medical personnel, including telephone and address, involved in the
above entitled matter.

5.

All police or investigative reports, follow-up investigation reports, daily logs,
surveillance logs, property reports, chronology notes and any other written
materials in the possession of any individual or agency involved in the
prosecution of this case pertaining to the above-entitled matter; including

handwritten notes, whether or not those notes have formed the basis for a typed
report.

t.. •

6.

All field interview cards used to identify any individual(s) involved in the
above-captioned matter.

7.

All information, notices or written memoranda disseminated during law
enforcement roll calls, or personally relayed between law enforcement offices
regarding any surveillance, search warrant executions, the arrest and any other
matter pertaining to the investigation of this case.

8.

Any training certificates or specialized certifications received by any law
enforcement officer involved in the above-captioned matter. ·

9.

Any reports maqe by non-governmental agencies involved in the investigation
of this case including reports made by any security personnel or any other
agencies involved, including the reports made by the alleged victim. See Utah
Rule of Criminal Procedure 16(a)(5).

10.

A List of all witnesses that the prosecution intends to call for trial in the above
entitled matter, their addresses, telephone numbers and the adult and juvenile
criminal records. See, Utah Rule of Criminal Procedure 4(j), and Davis v.
Alaska, 415 U.S. 308 (1974).

11.

Any offers of leniency or plea bargain agreements or any other form of
remuneration provided to any of the witnesses listed in number #2 and #3
above. See Giglio v. U.S. , 405 U.S. 150 (1972).

12.

The content of any statements(s) made by members of any government entity,

... ·"" 'fo ·tile ·defendant, or toany alleged Witness, victim or suspect, or to anyone else
in the defendant(s) presence which were made in order to encourage the
defendant to cooperate with aforementioned entities and/or which might
reasonably be expected to have the effect of encouraging the defendant to
cooperate.

13.

A copy of the booking sheet, booking photograph and rap sheet of the
defendant, if any.

14.

All written or recorded statements of the defendant(s) or witnesses interviewed
during the investigation and/or prosecution of this case, as well as, transcripts
or reports about those statements in possession of any member or group
involved in the prosecution or the investigation of the above-entitled case.

15.

All video and/or audio recordings and transcripts of those recordings prepared
in conjunction with the prosecution of this case in the possession of any law
enforcement or governmental agency.

16.

All statements of any person which were shown, read, played or paraphrased
the defendant, or to any alleged witness, victim or suspect during any
interviews, interrogations, visits, and/or phone conversations.

17.

Copies of all recordings and/or transcripts of any 911 calls pertaining to this
matter.

18.

Identify by name, address, telephone number and badge number, the 911
operators/dispatch officers who responded to 911 calls, if any, pertaining to this
case, and produce any police reports, officer notes or documentation pertaining
thereto.

19.

Copies of all recordings and/or transcripts of any communications, including
dispatch calls from law enforcement, fire department or any other civilian
agency pertaining to the above-entitled case.

20.

Statements made by the defendant to any of the State's witnesses and the dates,
times, places and persons when such statements were made.

21.

Specify date, time and substance, any and all further contact between any
investigating officer and any defendant, co-defendant, or witness in the abovecaptioned matter.

22.

Duplicates of all photographs, contact sheets from said photographs, digitial
photographs, drawings, diagrams, and video tapes pertaining to this case in the
possession of any law enforcement or government agency regardless of
whether or not those images are intended to be used by they prosecution at the
time of trial.
Fully describe,· by make, model, color, dimensions, and service· history any
camera, digital camera, or video camera used in the creations of items
referenced in the request item number 22.

24.

Identify all clothing, including undergarments, of any alleged witness, victim,
suspect or the defendant which was booked into evidence in this case.

25.

Any physical evidence taken from the defendant, any co-defendant, and/or the
alleged crime scene in the above-entitled case and any reports pertaining
thereto. See Utah Rule of Criminal Procedure 16(a)(3).

26.

For each piece of physical evidence identified in request number 25, please
specify: a) The present location of the name, address and phone number of the
present custodian of said evidence b) Any reports or raw notes describing any
of the physical evidence set forth above, c) the name, address and phone
number of each person to whom any of the physical evidence in this case

submitted for analysis .including, but limited to criminalists, forensic reports,
DNA experts, handwriting experts, psychologists, etc.
27.

Any and all documents regarding the chain of custody of any physical evidence
from request 19 including, but not limited to, a description of the method of
packaging and handling of the evidence at the time of recovery, at the time of
booking it into evidence and at the time of submitting for analysis.

28.

Any and all documentation regarding consent by interested parties to secure
any physical evidence from request item number 19.

29.

All officer notes, police reports and any other documentation pertaining to any
request(s) for laboratory analysis or any other scientific testing of physical
evidence in the above captioned case.

30.

Any tests, test results, chemical analysis, or any other scientific evidence and
its attendant reports/analysis pertaining to this case in the possession of any law
enforcement or governmental agency including handwritten notes made by the
technician even if not utilized in the making of the final report.

31.

Pursuant to Utah Rule of Evidence 404(b), notice by the State of any other
crimes, wrongs or acts it intends to use in its prosecution of this case, and a list
of exhibits, and names of addresses of witnesses to use to introduce evidence of
other cri'mes, wrongs or acts.

32.

RULE 15A DEMAND: A list of all preparers of all reports and chain-ofcustody witnesses at trial pertaining to any and all scientific, analytic, and lab
reports. Further, the defense demands that the prosecution produce the preparer
of the report or chain-of-custody witnesses for cross-examination at trial
pursuant to Rule I 5A(b) of the Utah Rules of Criminal Procedure.

As provided in Rule 16, Section 77-35-26(5)(b), the prosecuting agency shall make all above
disclosures as soon as practicable following the filing of charges and before the defendant is
required to plead.
RESPECTFULLY SUBMITIED this _12th_ day of _ _April____, 2013.

Isl Kyler Ovard
Signed by Charlyn Salaiz with permission of Kyler Ovard

CA>t; ~ \1l L-f DDCf ],~
~'ti~ lntermountain

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LOS Hospital
Dayspring
1225 E. Fort Union Blvd., #315
Cottonwood Heights, Ucah 84047
801.233.4100
801.233.4104 Fax

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STAlE OF UTAH
UTAH COUNTY

ZOD JUL-2 P I: 03

May22,2013

To Whom It May Concern:
Judson Bagley was a patient at the Dayspring Chemical Dependency Treatment
Program ofLDS Hospital from April 8, 2013 to May 16, 2013. He attended treatment
sessions four evenings per week, for approximately four hours each evening. Mr. Bagley
attended a total of23 times. Treatment consisted of education sessions, group counseling,
family counseling and Twelve Step work. The focus of treatment was to educate him
about the nature of his chemical dependency, teach him sobriety skills, and provide him a
framework that if utilized can help him abstain from alcohol and other drugs.
Mr. Bagley's attendance and participation in the intensive phase of treatment were
very good. He attended all the required sessions and he accomplished all the treatment
goals. He was then referred the Dayspring Aftercare Program and encouraged to attend
weekly for two years. He was also referred to Alcoholics Anonymous and/or Narcotics
Anonymous and encouraged to attend regularly.
While Mr. Bagley has made good progress thus far in his recovery, it should be
remembered that recovery from addictive disease is a long process, often subject to
relapse. Generally speaking, individuals who are regularly involved in their aftercare
group and other recovery meetings seem to do the best.

SiM~r~b>IL
David Holindrake, MS, ASUDC
Dayspring Outpatient Coordinator

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2013

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STA TE OF UT" H
UTAtt COUNTY

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STATE OF UTAH,
Plaintiff,

JUDICIAL DISTRICT COURT
COUNTY, STATE OF UTAH
STATEMENT OF DEFENDANT
IN SUPPORT OF GUILTY PLEA
AND CERTIFICATE OF COUNSEL
Case No.

vs.

Defendant.

I,

~/$oil'}

, hereby acknowledge and certify that I have been

advised of and that I understand the following facts and rights:
Notification of Charges

l am pleading guilty (or no contest) to the following crimes:
Crime & Statutory
Provision
A.

B.

c.
D.

Revised September 2, 2011

Degree

Punishment
Min/Max and/or
Minimum Mandatory

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I have received a copy of the (Amended) Information against me. I have read it, or
had it read to me, and I understand the nature and the elements of crime(s) to which I am
pleading guiJty (or no contest).
The eJements of the crime(s) to which I am pleading guilty (or no contest) are:

I understand that by pleading guilty I will be admitting that I committed the crimes
listed above. (Or, if I am plead~g no contest, I am not contesting that I committed the
foregoing crimes). I stipulate and agree (or, ifl am pleading no contest, I do not dispute or
contest) that the following facts describe my conduct and the conduct of other persons for
which I am criminally Hable. These facts provide a basis for the court to accept my guilty
(or no contest) pleas and prove the elements of the crime(s) to which 1 am pleading guilty
(or no contest):

Waiver of Constitutional Rights
1 am entering these pleas voluntarily. I understand that 1 have the following rights

under the constitutions of Utah and of the United States. I also understand that if J plead
guilty (or no contest) I will give up all the following rights:
·

Counsel: J know that I have the right to be represented by an attorney and that if I
cannot afford one, an attorney wilJ be appointed by the court at no cost to me. 1 understand
that I might later, if the judge determined that 1 was able, be required to pay for the
appointed lawyer's service to me.

~ (have) waived my right to counsel.

Ifl have waived my right to counsel,
I have done so knowing1y, intelligently, and voluntarily for the following reasons:

IfI have waived my right to counse1, I certify that I have read this statement and that
I understand the nature and elements ofthe charges and crimes to which I am pleading guilty
(or no contest). I also understand my rights in this case and other cases and the
consequences of my guilty (or no contest) plea(s).
IfI have not waived my right to counsel, my attorney is
My attorney and I have fu11y discussed this statement, my rights, and the consequences of
my guilty (or no contest) plea(s).
Jury Trial. I know that I have a right to a speedy and public trial by an impartial
(unbiased) jury and that I will be giving up that right by p1eading guilty (or no contest).
Confrontation and cross-examination of witnesses. 1know that ifl were to have
a trial, a) I would have the right to see and observe the witnesses who testified against me
and b) my attorney, or myselfifl waived my right to an attorney, would have the opportunity
to cross-examine all of the witnesses who testified against me.
Right to compel witnesses. I know that if I were to have a trial, I could call

witnesses ifl chose to, and 1would be able to obtain subpoenas requiring the attendance and
testimony of those witnesses. IfI could not afford to pay for the witnesses to appear, the
State would pay those costs.
Right to testify and privilege against self-incrimination. I know that if I were to
have a trial, I would have the right to testify on my own behalf. 1 also know that if I chose

not to testify, no one could make me testify or make me give evidence against myself I also
know that ifl chose not to testify, the jury would be told that they could not hold my refusal
to testify against me.
Presumption of innocence and burden of proof. I know that if I do not plead
guilty (or no contest), 1 am presumed innocent until the State proves that I am guilty of the
charged crime(s). !fl choose to fight the charges against me, 1need only plead "not guilty,"

and my case will be set for a trial. At a trial, the State would have the burden of proving
each element ofthe charge(s) beyond a reasonable doubt. If the trial is before a jury, the
verdict must be unanimous, meaning that each juror would have to find me guilty.

J understand that if 1 plead guilty (or no contest), I give up the presumption of
innocence and will be admitting that I committed the crime(s) stated above.
Appeal. I know that under the Utah Constitution, if I were convicted by a jury or
judge, I would have the right to appeal my conviction and sentence. !fl qould not afford the
costs of an appeal, the State would pay those costs for me. I understand that I am giving up
my right to appeal my conviction ifl plead guilty (or no contest). 1understand that ifl wish
to appeal my sentence I must file a notice of appeal within 30 days after my sentence is
entered.
I know and understand that by pleading guilty, I am waiving and giving up all
the statutory and constitutional rights as explained above.
Consequences of Entering a Guilty (or No Contest) Plea
Potential penalties. I lrnow the maximum sentence that may be imposed for each
crime to which I am pleading guilty (or no contest). I know that by pleading guilty (or no
contest) to a crime that carries a mandatory penalty, 1 will be subjecting myself to serving
a mandatory penalty for that crime. J know my sentence may include a prison term, fine, or
both.
I know that in addition to a fine, an ninety percent (90%) surcharge will be imposed.
I also Imow that 1 may be ordered to rnal{e restitution to any victim(s) of my crimes,
including any restitution that may be owed on charges that are dismissed as part of a plea
agreement.

Consecutive/concurrent prison terms. I know that if there is more than one crime
involved, the sentences may be imposed one after another (consecutively), or they may run
at the same time (concurrently). J lrnow that I may be charged an additional fine for each
crime that I plead to. I also know that ifI am on probation or parole, or awaiting sentencing
on another offense of which I have been convicted or which I have plead guilty (or no
contest), my guilty (or no contest) plea(s) now may result in consecutive sentences being
imposed on me. If the offense to which I am now pleading guilty occurred when I was
imprisoned or on parole, I know the law requires the court to impose consecutive sentences
unless the court finds and states on the record that consecutive sentences would be
inappropriate.
Plea agreement. My guilty (or no contest) plea(s) (is/are) (is/are not) the result of
aplea agreement between myself and the prosecuting attorney. All the promises, duties, and

provisions ofthe plea agreement, ifany, are fully contained in this statement, including those
explained below:

Trial judge not bound. I know that any charge or sentencing concession or
recommendation ofprobation or suspended sentence, including a reduction of the charges
for sentencing, made or sought by either defense counsel or the prosecuting attorney are not
binding on the judge. I also lmow that any opinions they express to me as to what they
believe the judge may do are not binding on the judge.
Immigration/Deportation: I understand that ifI am not a United States citizen, my .
plea(s) today may, or even will, subject me to deportation under United States immigration
laws and regulations, or otherwise adversely affect my immigration status, which may
include permanently barring my re-entry into the United States. I understand that if I have
questions about the effect of my plea on my immigration status, I should consult with an
immigration attorney.
Defendant's Certification of Voluntariness
I am entering this plea of my own free will and choice. No force, threats, ofunlawful
influence of any kind have been made to get me to plead guilty (or no contest). No promises
except those contained in this statement have been made to me.
I have read this statement, or I have had it read to me by my attorney, and I
understand its contents and adopt each statement in it as my own. I lmow that I am free to
change or delete anything contained in this statement, but 1do not wish to make any changes
because all of the statements are correct.
I am satisfied with the advice and assistance of my attorney.
I am ~~ears of age. 1 have attended school through the _f/t._ grade. I can read
and understand the English language. IfI do not understand English, an interpreter has been
provided to me. I was not under the influence of any drugs, medication, or intoxicants
which would impair my judgment when I decided to plead guilty. I am not presently under
the influence of any drug, medication, or intoxicants which impair my judgment.
I believe myself to be of sound and discerning mind and to be mentally capable of
understanding these proceedings and the consequences ofmy plea. I am free of any mental

disease, defect, or impairment that wouJd prevent me from understanding what I am doing
or from knowingJy, intelJigently, and voluntarily entering my pJea.
I understand that if! want to withdraw my guilty (or no contest) plea(s), I must
file a written motion to withdraw my plea(s) before sentence is announced. I
understand that for a plea held in abeyance, a motion to withdraw from the plea
agreement must be made within 30 days of pleading guilty or no contest I wiJI only
be allowed to withdraw my plea if I show that it was not knowingly and voluntarily
made. I understand that any chaJlenge to my plea(s) made after sentencing must be
pursued under the Post-Conviction Remedies Act in Title 78, Chapter 35a, and Rule
65C of the Utah Rules of Civil Procedure.

Dated this J__ day

of_C"""'J...:.:oU.~ct-·~------'' 2.19.n.

Certificate of Defense Attorney

l certify that 1 am the attorney for
1 v/511,,,. /?CA..~"-~/ the defendant
above, and that 1lmow he/she has read the statement or that I have read lt to him/her; l have
discussed it with him/her and believe that he/she fully understands the meaning of its
contents and is mentally and physically competent. To the best ofmy knowledge and belief,
after an appropriate investigation, the elements of the crime(s) and the factual synopsis of
the defendant's criminaJ conduct are correctly stated; and these, along with the other
representations and declarations made by the defendant in the foregoing affidavit, are
accurate and true.

,

ATTO~ANT
/!

Bar No.

1{, 0

t -

Certificate of Prosecuting Attorney

I certify that I am the attorney for the State of Utah in the case against _ _ __
defendant. I have reviewed this Statement of Defendant
~---------~
and find that the factual basis of the defendant's criminal conduct which constitutes the
offense(s) is true and correct. No improper inducements, threats, or coercion to encourage
a plea has been offered ·defendant. The plea negotiations are fully contained in the
Statement and in the attached Plea Agreement or as supplemented on the record before the
Court. There is reasonable cause to believe that the evidence would support the conviction
of defendant for the o:ffense(s) for which the plea(s) is/are entered and that the acceptance
of the plea(s) would serve the public interest.

~y
~RNE

I

"

Order

Based on the facts set forth in the foregoing Statement and the certification of the
defendant and counsel, and based on any oral representations in court, the Court witnesses
the signatures and finds that defendant's guilty (or no contest) plea(s) is/are freely,
knowingly, and voluntarily made.
·
ITIS HEREBY ORDERED that the defendant's guilty (or no contest) pJea(s)to the
crime(s) set forth in the Statement be accepted and entered.
Dated this "_)

day of

'1~

'2013.
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The Order of Court is stated below:
Dated: June 12, 2013
/s/ Samuel McVey
04:18:37 PM
District Court Judge 

   

   
    
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June 12, 2013 04:18 PM

1 of 2

June 12, 2013 04:18 PM

2 of 2

...


CASE:131400924
Judson Bagley

ZOil OCT 22 A ~ S).october 21, 2013

Attached to this document is a record of 120 service hours performed
compliance with the order of Judge McVey.

by me, Judson Bagley, in

c tl~-l~

THE CHURCH OF

JESUS CHRIST

13f tfocif LY

(fvtcl~ ~ McV~

OF LATTER-DAY SAINTS

UTAH SOUTH AREA
BISHOPS' STOREHOUSE SERVICES
940 West Center Street
Lindon. Utah 84042-1737

October 22, 2013

To Whom It May Concern:
Judd Bagley donated 65 hours to the Lindon Bishops Storehouse. We
appreciate his help.
Sincerely,

Tere
endrickson
Secretary
Lindon Storehouse Services

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cr~~McVe

To whom it may concern:
Between July 1 and October 1, 2013, Judd Bagley provided 37.5 hours of service to Alpine City.
Mr. Bagley helped with the City festival in various activities and events.

~~
Richard Nelson
Alpine City Administrator

Mayor Hunt Willoughby

City Council
Kimberly Bryant
Mel Clement

Will Jones
Bradley Reneer
Troy Stout

20 North Main
Alpine. UT 84004
(801) 756-6347

15 October 2013

To whom it may concern:
Between July 1 and October 1, 2013, Judd Bagley provided 18 hours of
service to Signs of Hope International, a non-profit organization working
with the Deaf Children of Ghana, West Africa. He has been a great asset
to our company in helping find and write grant proposals.

V/'//
Curry Jones
Director