IN THE

3RD DISTRICT COURT - SILVER SUMMIT

COUNTY OF SUMMIT, STATE OF UTAH

State of Utah

vs.
Affidavit of Probable Cause
NICHOLAS WESTLAND
Date of Birth: 02/19/1996
Arrestee

On 02/06/2020 19:45 the defendant was arrested for the offense(s) of:

Offense Date Offense Description Statute Gov Code Severity DV

1 02/06/2020 FAILURE TO REMAIN AT ACCIDENT 41-6A-401.5 UT F3 No
INVOLVING DEATH

I believe there is probable cause to charge the defendant with these charges because:
On 02/06/2020 at approximately 19:12:59 hrs, I Detective Cherkis was on patrol in Park City, UT. I was
dispatched to an injury accident at 1482 Empire Ave. Dispatch informed responding officers that is was a vehicle
vs pedestrian crash. The complainant on scene told dispatch that the victim was a 42 year old male that was
bleeding from his mouth. The male was not conscious according to the complainant.

I arrived on scene and observed a male (victim) laying on the ground just south of 1482 Empire Ave. The victim
was laying on his back. There was a doctor, an unknown male and the victim's wife providing care to the victim.
The doctor told me the victim had a pulse. I observed a large amount of blood on the ground. There was blood
coming out of the victim mouth as he was trying to breath. I observed blood all over the victim's face. The victim
was not conscious, not alert and was having trouble breathing.

I observed car parts in the north bound lane. At this time, I had no information on the suspect vehicle. No one
approached me on scene to say they were the driver of the suspect vehicle. I assumed that the suspect vehicle
had fled the scene. There was also people just standing around looking at the victim. I told them to leave. I also
asked everyone in the area "who witnessed the accident". Witnesses did come forward who saw the incident.

At first, a witness saw a Dodge Caravan leave the scene. I told dispatch over the radio about the Caravan. I then
was approached by another male who saw a different van leave the scene. The male took a picture of the plate.
The male showed me the picture of the plate on his phone. The vehicle was a Black Tie Ski Rental Van. The plate
was F456DN. The van was a 2013 Chevrolet Express G1500. I gave the plate to dispatch over the air. Medical
arrived and transported the male to the University of Utah in serious condition.

Officer Powers was able to get in touch with Black Tie Ski Rental. One of the employees of Black Tie Ski Rental
was able to get in touch with the driver of the van. The driver, later identified as NICHOLAS THORSTON
WESTLAND (DOB 02/19/1996), returned to the scene in the Chevrolet Express Van. I made contact with
WESTLAND as he was walking south on Empire towards the scene. WESTLAND told Officer Powers and I that "the
right side corner bumper was messed up". I said " messed up?" WESTLAND said "yeah obviously" Officer Powers
said "you didn't see the guy and bump into him"? WESTLAND said "No sir he was out in the middle of the road
but was on the other side he was here and I was going the speed limit, 25". Officer Powers said "why didn't you
stay if you bumped him". WESTLAND said "anyone's first reaction would have been scared shitless". I responded
by saying the dude is barley hanging on to life. WESTLAND said "I cannot stress it enough how immature I
acted".

I observed the front of the Chevrolet Express. There was damage to the front passenger side of the vehicle. The
windshield was cracked on the bottom passenger side are.

I detained WESTLAND after I determined that he was the driver of the Chevrolet Express Van. Based off the
damage to the van, witness seeing the van leave the area and what WESTLAND said, I determined that the van
was the vehicle involved in this incident. Officer Comer transported WESTLAND back to 2060 Park Ave for further
questioning. The Chevrolet Express van was towed back to 2060 Park Ave as evidence by Park City Towing.

Detective Rollins brought WESTLAND up to a interview room at the police station. I was waiting in the interview
room with WESTLAND. Before I read WESTLAND his rights, he said the following in excited utterance "Man I just
feel so fucking horrible. I am sure you have felt like this before, not like I am feeling but". I said "yeah".
WESTLAND continued to say "I have never felt like this. It is not even scary. Its just the fact that what happened.
The fact that man was just walking in the road. I just didn't fucking see him dude" WESTLAND said something
softly that sounded like " I never wanted to hurt anyone". WESTLAND said these statements on his own. I never
asked him any questions.

I read WESTLAND his rights. WESTLAND told me that he did not walk to talk. Detective Rollins asked WESTLAND
if he would consent to a blood draw. WESTLAND would not give us a straight yes or no. I then decided to write a
blood draw warrant. I got up and left the room.

During a moment of silence, WESTLAND told Detective Rollins that he wanted to tell him everything that
happened. I was not in the room at this time. WESTLAND told Detective Rollins "that he heard a thud, I
immediately pulled over, I got out of my van, I saw that it is a person, I am completely in disarray, I am sitting
there, I am sitting there. I try to look for a towel. I got back up to the guy. The cop says alright everyone leave. I
turned around and got in my van. I told myself I have to go back to the shop. My night is over".

While I was working on the blood draw warrant, I was notified that the male victim had passed away at the
University of Utah hospital. The blood draw warrant was approved by the on call judge. Officer Powers
conducted the blood draw on WESTLAND. After the blood draw was complete, I placed WESTLAND back in
handcuffs. I walked him outside to Officer Power's patrol car. Once WESTLAND was inside the transport cage, I
told him he was under arrest for leaving the scene of an accident that resulted in death. Officer Powers
transported WESTLAND to the Summit County Jail without incident.

Officer Name: DANIEL CHERKIS Badge ID: 3K24

I am a sworn officer with: UT0220500 - PARK CITY PD
Arresting agency case number: 20-02763 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/ DANIEL CHERKIS

SUBMISSION IDENTIFICATION INFORMATION

Booking agency: SUMMIT CO SO Booking agency ORI: UT0220000
Booking agency case number: 20-00183 SID: OTN: 55270318
Booking UserID: cferagen Booking date/time: 02/06/2020 23:27 Submission ID: 927001 (Version 1)