ROBERT C. AVERY (USB #10857) MICHAEL J. PETRO (4241) PaciFic LEGAL GRouP LEAH ASTON (15989) Attorney for Defendant JADE FARRIS (16042) 1979 North 1120 West PETRO & ASTON Provo, Utah 84604 Attorneys for Defendant Telephone: (801) 788-4122 S2aiNonl Owes Facsimile: (801) 705-0606 aE 3 Telephone: (801) 373-0019 eMail: rob@abilegal.com (801) 373-0019 mpetro.law@gmail.com FOURTH DISTRICT COURT - PROVO. UTAH COUNTY, STATE OF UTAH PLEA IN ABEYANCE STATE OF UTAH, AGREEMENT, STATEMENT OF DEFENDANT IN SUPPORT. Plaintiff, OF PLEA, AND CERTIFICATE v. OF COUNSEL JOSEPH RICHARDSON, Case No.: 221400402 Defendant. Judge Robert C. Lunnen 1, JOSEPH RICHARDSON, acknowledge and certify that (a) I read this agreement in its entirety, or had it read to me, and (b) I understand the facts, rights, waivers, and agreements contained herein. g 1, JOSEPH RICHARDSON, the Defendant, hereby plead guilty to the charge(s) of NEGLIGENT HOMICIDE, a violation of Utah Code § 75-5-206, as a Class-A Misdemeanor. Potential Penalties Ifa conviction were entered for the above-listed charge, the Court could impose a term of incarceration and/or fine up to the following maximum punishments for each count: Misdemeanor Class Possible Jail Term Maximum Possible Fine [Class A MA”) Up to 364 day in jail $2,500 + 90% surchargeTerms of the Plea Agreement For my guilty plea the State agrees to recommend to the Court that my plea be held in abeyance for a period of 18 months, and that the Court not enter judgment against or impose sentence upon me at this time. The State also agrees to the following: * Upon successful completion of the agreement, the State will amend the charge to a violation of RECKLESS DRIVING, a violation of Utah Code § 41-6a-528, as a Class-B Misdemeanor and the Court may then enter Defendant's guilty plea to that charge. The State will not request any fine or jail time associated with this (these) charge‘). In exchange for the State’s agreement(s), I agree to the following: a. To not violate any law (including federal, state, county, or municipal laws including minor traffic violations), or be convicted of violating any law, or to enter into a diversion or plea in abeyance to any such violation, and to notify the Court, in writing, of any such a violation, conviction, diversion, or plea in abeyance within 72 hours of the violation, conviction, diversion, or plea. b. To keep the Court notified at all times, in writing, of my current address. c. To timely appear for all hearings scheduled in my case. 4. To pay court costs as ordered by the Court Factual and Legal Basis for my Plea Agreement Ihave received a copy of the Information (or Amended Information) against me. { have read it, or had it read to me, and I understand the nature and the elements of the crime(s) to which I am pleading guilty (or no contest) OD Opps The elements of the crime(s) to which I am pleading guilty (or no contest) are: NEGLIGENT HOMICIDE, a Class-A Misdemeanor in violation of Utah Code § 75-5- 206, in that on or about March 16, 2021, in Utah County, the defendant, Joseph Richardson did act with criminal negligence and cause the death of another individualQQ T understand that 1 will be admitting that I committed the crimes listed above. I stipulate PR D®D & and agree that the following facts describe my conduct and the conduct of other persons for which I am criminally liable. These facts provide a basis for the court to accept my plea and prove the elements of the crime(s) to which I am pleading: On March 16, 2021, I was driving southbound on 900 East in Provo on my way to an active-shooter SWAT situation. I was travelling over 20 MPH in excess of the posted speed limit and, at around 433 North on 900 East did collide with a Toyota Avalon that crossed into my path. The collision killed J.S., the driver of the other vehicle. By pleading guilty I am waiving all of my rights as explained in this Plea Agreement. Effect of Compliance or Non-Compliance with this Plea Agreement T understand that if I comply with all the terms of this Plea Agreement, within the time period specified above, I may petition the Court for a successful termination of my plea in abeyance. Upon a petition for successful termination, and after notice to and hearing for the State, if the Court finds that I substantially complied with terms of the agreement, the Court will order the resolution I have agreed to with the State to reduce the degree of the offense, enter judgment, and impose sentence accordingly. T understand that this case will not automatically terminate at the end of the time period specified unless a petition to terminate is made. I understand that if I do not petition the Court for a suecessful termination of my plea in abeyance, the Court may take no action and the case may remain open, unresolved, indefinitely. If I do not comply with all terms and conditions set forth in this Plea Agreement, the Court on its own initiative or at the State's request shall issue an order for me to appear in court to show cause why the Court should not find that I have violated the terms of this Plea Agreement and why the agreement should not be terminated. I understand that at and Order to Show Cause hearing, the Court will apply a preponderance of the evidence standard and a standard of substantial compliance to the terms of the agreement. I understand and agree that a willfulness standard does not apply, the Court will not examine whether I willfully violated any term of the agreement, and@ willfulne agreement. is irrelevant to whether I substantially complied with the terms of the If fail to appear for the Order to Show Cause Hearing OR if it is found at the hearing that I have violated any term(s) of this Plea Agreement, this Plea in Abeyance Agreement will be REVOKED. I understand that my plea(s) of guilty or no contest will then be centered as a judgement of conviction on the court record and on the criminal records of the State of Utah. The Court will impose a sentence each offense, up to the maximum penalty allowed by law. Waiver of Constitutional and Statutory Rights Lam entering my pleas voluntarily. I understand that under the constitutions of Utah and the United States I have the rights listed below. I understand and affirm that by pleading guilty or no contest that I am giving up these rights. Waiver of Right to Counsel OR Satisfaction with Assistance of Counsel @ I understand that I have the right to be represented by an attorney. I have the right to hire my own attorney. If I cannot afford to hire my own attorney, an attomey will be appointed by the court at no cost to me. I understand that if a judge later determines that I was able to pay for an attorney I may be required to pay for the appointed attorney's service to me. GZ (a)\ choose to waive my right to have an attomey represent me. I have done so knowingly, intelligently, and voluntarily for the following reasons: OR DE (b.1) Lam represented by MICHAEL PETRO and ROBERT AVERY. (b.2) I believe my attorneys effectively and satisfactorily represented me in this, case and in obtaining this agreement. We have discussed the facts of my ease; the offenses I have been charged with, including prior convictions and enhancements; any defenses that I may have; my constitutional and statutory rights and my waiver of those rights; the consequences of my plea; and anything else I think is important to my case.Waiver of a Speedy Trial and Trial Rights o Withdrawal of Plea; Sentencing; W: GF Ihave the right to a speedy and public trial by an impartial (unbiased) jury. By entering this agreement, in which the Court will hold my guilty or no contest plea in abeyance, I am knowingly and intelligently waiving my right to a speedy trial also know I have the right to plead not guilty and to have a trial. If were to have a trial I would have the following rights, which I am giving up: & Jury Tri 7 Confrontation & Cross Examination: The right to confront the witnesses against me by having them testify in my presence and before the Court or jury, and to have my attorney or myself cross-examine those witnesses. : The right to a speedy and public trial before an impartial jury Compel Witnesses: The right to call witnesses and to obtain subpoenas requiring he attendance and testimony of those witnesses. If I could not afford to pay the costs for the witnesses to appear, the State would pay those costs. CX Right to Testify and Privilege against Self-Incrimination: The right to testify ‘on my own behalf. Or, to not testify. If | chose not to testify, no one could make me testify of give evidence against myself. And, the jury would be told that they could not hold my refusal to testify against me. Presumption of Innocence and Burden of Proof: If I do not plead guilty (or no Contest), I am presumed innocent until the State proves that I am guilty of the charged crime(s), At trial the State would have the burden of proving every element of the charge(s) beyond a reasonable doubt. If I wanted to fight the charges against, I need only plead “not guilty” and my case would be set for trial. ( Unanimity of Verdict: Any verdict rendered by a jury, whether it be guilty or not ty, must be the unanimous decision of all the jurors. er of Right to Appeal. T understand that if I desire to withdraw my guilty or no contest plea I must have good cause and I must do so in writing with the court. [ also understand that a motion to withdraw my plea must be filed with the court within 30 days of the date I plea or I will not be able to withdraw my plea. I will only be allowed to withdraw my plea if I show that it was not knowingly or voluntarily made.a DAI PB Thave the right to be sentenced not less than 2 nor more than 45 days after the entry of my plea. By entering into this plea agreement I knowingly and intelligently waive this, time for sentencing, 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. If I could not afford the costs of an appeal, the State would pay those costs for me. I know that I am giving up my right to appeal if I plead guilty or no contest. I understand that even if this agreement is revoked, I am giving up any right to appeal the conviction, If this agreement is revoked and I am sentenced, I understand that I could appeal the sentence BUT if I wish to appeal that sentence, I must file a notice of appeal within 30 days after I am sentenced. Tunderstand that any challenge 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. Other Consequences of my Plea Potential Penalties ei Maximum terms and Mandatory Minimums: I know the maximum sentence that could be imposed for each crime to which I am pleading guilty. I know that if this plea in abeyance agreement is revoked, I am subjecting myself to those penalties. If a crime carries a mandatory penalty, I am subjecting myself to serving a mandatory penalty for that crime. I know any sentence could include a term of incarceration, a fine, or both. Surcharges and Restitution: I know that in addition to a fine, a ninety-percent (90%) surcharge could be imposed. I also know that I could be ordered to make restitution to any victim(s) of my crimes, including any restitution that may be owed on charges which are dismissed as part of a plea agreement. Consecutive/concurrent terms: I know that if there is more than one crime involved, the sentences could be imposed one after another (consecutively) or they may run at the same time (concurrently). I know that I may be charged a fine for each crime I plead to. I know that if !am on probation or parole, or awaiting sentencing on another offense for which I have been convicted or plead guilty (or no contest) to, a revocation of this agreement mayresult in consecutive sentences being imposed on me. If the offense to which I am now pleading 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 inappropriate. Trial Judge not Bound: I know that if the plea in abeyance is revoked and judgment is entered on the charges to which I have pled, any sentencing concession or recommendation of probation 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 know that any opinions they express to me as to what they believe the judge may do are not binding on the judge. Immigration S L understand that if | am not a citizen of the United States, my plea(s) today may, or even will, subject me to deportation under United States immigration laws and regulations, permanently bar reentry into the United States, result in denial of naturalization and amnesty, or otherwise adversely affect my immigration status. Offenses that may result in such immigration consequences include, but are not limited to felony offenses, controlled substance offenses, firearm offenses, and crimes of moral turpitude offenses. I understand that this applies even if | comply with this agreement and the charges against me are subsequently dismissed. I understand that if I have questions about the effect of my plea on my immigration status, I should consult with an immigration attomey. Enhancements oS Tunderstand the crime(s) to which I am pleading guilty (or no contest) may enhance other crime(3) in the future. | understand that even if | comply with this agreement and the charges against me are eventually dismissed, the erime(s) to which I am pleading might still be used as the basis for enhancement in a future case Defendant's Certification of Voluntariness }- Tam entering this plea of my own free will and choice. No force, threats, of unlawful 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. & Ihave read this statement, or I have had it read to me by my attorney, and I understan 7 contents and adopt each statement in it as my own. I know that Iam free to change or delete anything contained in this statement, but I do not wish to make any changes because all of the statements are correct.1 am satisfied with the advice and assistance of my attorney. I am 54 years of age. I have attended school through or beyond the 12" grade. I can read and understand the English language. If I do not understand English, an interpreter has been provided to me and I have understood the translation which was made. 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, PP & I believe myself to be of sound and discerning mind and to be mentally capable of understanding these proceedings and the consequences of my plea. Iam free of any mental disease, defect, or impairment that would prevent me from understanding what I am doing or from knowingly, intelligently, and voluntarily entering my plea. I voluntarily, knowingly and intelligently accept all the terms, conditions, and waivers of this Agreement. DATED this E day of Jvae 23Certificate of Defense Attorneys I certify that I am the attorney for JOSEPH RICHARDSON, the defendant above, and that I know he/she has read this statement and plea agreement or that I have read it to him/her; T have sussed 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 of my knowledge and belief, after an appropriate investigation, the elements of the crime(s) and the factual synopsis of the defendant’s criminal 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, Mil el Attomey for Defendant Bar No, 4241 | Y Robert Avery Attomey for Defendant Bar No. 10857 Certificate of Prosecuting Attorney I certify that I am the attomney for the State of Utah in the case against JOSEPH RICHARDSON, defendant. I have reviewed this Statement of Defendant and find that the factual basis of the defendant's criminal conduet 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 in Abeyance Agreement or as supplemented on the record before the Court, There is reasonable cause to believe that the evidence would support the convietion of defendant for the offense(s) for which the plea(s) is/are entered and that the acceptance of the plea(s) would serve the public interest. Ltuiul danct/ Patricia S. Cassell Chief Prosecutor Summit County Attorney's Office Bar No. 5928ROBERT C. AVERY (USB #10857) PACIFIC LEGAL GRouP 1979 North 1120 West Provo, Utah 84604 Telephone: (801) 788-4122 Facsimile: (801) 705-0606 eMail Address: rob@abflegal.com Attorney for Defendant FOURTH DISTRICT COURT - PROVO. UTAH COUNTY, STATE OF UTAH STATE OF UTAH, ORDER Plaintiff, v. Case No.: 221400402 JOSEPH RICHARDSON, Judge Robert C, Lunnen Defendant. Based on the facts set forth in the foregoing Plea Agreement and Statement, 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 plea is freely, knowingly, and voluntarily made IT IS HEREBY ORDERED that the defendant’s guilty plea to the crime set forth in this Plea Agreement and Statement be accepted and held in abeyance for the time set forth in the agreement, ‘The Court further orders Defendant to strictly comply with the terms and conditions set forth in this Plea in Abeyance Agreement and with the terms and conditions ordered in open court. ENTERED BY THE COURT EFFECTIVE AS OF THE DATE THE COURT'S STAMP IS AFFIXED TO THE FIRST PAGE OF THIS DOCUMENT.