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IN THE

3RD DISTRICT COURT - SILVER SUMMIT

COUNTY OF SUMMIT, STATE OF UTAH

State of Utah

vs.
Affidavit of Probable Cause
NATHAN HALE BOZUNG
Date of Birth: 07/06/1981
Arrestee

On 05/12/2018 12:54 the defendant was arrested for the offense(s) of:

Offense Date Offense Description Statute Gov Code Severity DV


1 05/12/2018 AGGRAVATED ASSAULT 76-5-103 UT F3 No

2 05/12/2018 TRANSACTION OF FIREARM BY CLASS II 76-10- UT F3 No


RESTRICTED PERSON 503(8)(B)(III
3 05/12/2018 POSSESSION OF CONTROLLED SUBSTANCE 58-37- UT MB No
MARIJUANA/SPICE 8(2)(D)
4 05/12/2018 USE OR POSSESSION OF DRUG 58-37A-5(1) UT MB No
PARAPHERNALIA
5 05/12/2018 INTOXICATION 76-9-701 UT MC No

6 05/12/2018 DISORDERLY CONDUCT 76-9-102 UT IN No

I believe there is probable cause to charge the defendant with these charges because:
On 5/12/18 at approximately 0315 hours, a Park City patrol officer observed two intoxicated individuals near the
600 block of Deer Valley Drive. The officer stopped to question the two individuals and quickly learned of a
recently occurred aggravated assault perpetrated by Nathan Hale Bozung. Both individuals reside at 402 Ontario
Ave, one in the third level apartment unit, the other on the first level apartment unit. The first level neighbor-
witness was the primary witness to the assaults.

According to the downstairs neighbor-witness, he, Bozung and several individuals had frequented Rock &
Reilly's, a Main St. area bar, prior to returning to Bozung's second floor unit at 402 Ontario Ave. The neighbor-
witness stated he was unacquainted with some of these individuals who returned to the residence. According to
the neighbor-witness, Bozung was intoxicated and agitated once they returned to 402 Ontario. Shortly after
arriving at the residence, the neighbor-witness observed as Bozung appeared to bully one of the individuals at
the residence. The neighbor-witness did not know the identity of this individual who Bozung was bullying.
According to the neighbor-witness, Bozung became increasingly hostile toward this individual. Bozung had
retrieved two kitchen set type knives and had placed them against the throat of this unknown individual. Bozung
did not actually inflict bodily injury to the individual.

According to the neighbor-witness, sometime during the evening, Bozung also damaged a large bay type
window. This window is on the West side of Bozung's second floor unit. When this window broke, the neighbor-
witness observed as most, if not all, of the individuals at the apartment fled.

After the individuals fled the apartment, the neighbor-witness (victim) followed Bozung as Bozung walked down
to his vehicle and retrieved rifle ammunition. Bozung's vehicle is the above described black 2013 Jeep Wrangler
Rubicon. Bozung placed the ammunition in his pockets before walking back up the stairs.Trying to calm Bozung
down, the neighbor-witness followed Bozung as he returned to the apartment where the neighbor-witness then
observed an AR style rifle. The neighbor-witness stated he picked up the rifle which aggravated Bozung. The
neighbor-witness (victim) argued with Bozung over the rifle. Bozung swung at the victim. The victim and
Bozung pushed one another. According to the neighbor-witness, Bozung took possession of the rifle and began
loading it while stating to the neighbor-witness, "I'm going to kill you!" The neighbor-witness retreated from
Bozung. Shortly thereafter, the neighbor-witness and the third floor resident both retreated from the property
where they were met by the patrol officer.

Officers responded to a command area at city hall and set up perimeter at the residence. I attempted to contact
Bozung, via cell, multiple times without success. Officer Bittner drafted a search warrant affidavit (above
information) for the residence and Bozung at 402 Ontario Avenue. The warrant was submitted and approved
through UCJIS at 10:50 AM. Officers at command contacted a family member, who made contact with Bozung
inside the residence. At approximately 12:54, Bozung exited the residence and was taken into custody.

Sergeant Allinson interviewed Bozung. Bozung made spontaneous utterances about being intoxicated last night,
needing to get off the whiskey, and stated that at one point, he blacked out. Bozung refused to answer any
questions and requested his attorney.

Lieutenant Little executed the search warrant at 402 Ontario Avenue #2, located, and seized the following
evidence from the residence:
- User quantity of a green, leafy, organic substance and (2) burnt/used joints. The substance was consistent
with that of raw marijuana and used marijuana cigarettes. These were found on the carpet (floor) of the hallway
entry
- LWRC M6-SPR 5.56 MM Rifle. This was found in the makeshift bedroom in the northeast corner of the
residence.
- Two burnt/used joints. These are consistent with that of used marijuana cigarettes. These were found on the
kitchen countertop.
- Rolling Papers. These were found on the coffee table.
- (2) Knives: One (1) found on the bathroom cabinet and one (1) found on the kitchen floor
- Grinder: Found in the southeast bedroom closet.

Officer Proctor transported Bozung from the police department to the Summit County Jail. I booked Bozung into
the Summit County Jail on the above charges:
Aggravated Assault: 76-5-103: Bozung threated to shoot/kill the victim while loading an AR style rifle
Possession of a Firearm by a Restricted Person: 76-10-503(8)(B)(III): Bozung was in possession of an AR style
rifle while also in the possession of a controlled substance (marijuana).
Possession of Marijuana: 58-37-8(2)(D): Possession of a marijuana which was found inside Bozung's residence at
402 Ontario Avenue #2.
Possession of Drug Paraphernalia: 58-37a-5: Possession of a marijuana grinder which was found inside
Bozung's residence at 402 Ontario Avenue #2.
Intoxication: 76-9-701: Bozung was under the influence of an alcoholic beverage, by admission and by witness
statements, which lead to the safety risk of the victim, witnesses, and self through the altercation and threat of
gun violence.
Disorderly Conduct: 76-9-102: Bozung recklessly created a risk to witnesses, the victim, and himself by
engaging in the altercation and making the threat of gun violence.

I believe these to be additional condition(s) for continued detention:


The person would constitute a substantial danger to any other person or to the community, or is likely to flee the
jurisdiction of the court
Bozung poses a substantial threat to the community due to the severity of the crime. The victim and witnesses
fear retribution by Bozung because of the incident.

Officer Name: ZACHARY MITSUO NAKAISHI Badge ID: 3K13


I am a sworn officer with: UT0220500 - PARK CITY PD
Arresting agency case number: 18-06713 Associated citation number:

I declare under penalty of perjury and under the laws of the State of Utah that the foregoing is true and correct.
/s/ ZACHARY MITSUO NAKAISHI
SUBMISSION IDENTIFICATION INFORMATION
Booking agency: SUMMIT CO SO Booking agency ORI: UT0220000
Booking agency case number: 18-00644 SID: 01380933 OTN: 55246482
Booking UserID: jlund Booking date/time: 05/13/2018 04:24 Submission ID: 162031 (Version 1)