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To: Third District Court, Salt Lake City, Utah
From: Keith Robert Stebbings, case #241903573
Subject: Essay on use of deadly force in Utah
Date: June 24, 2024
Per Narrative Text supplied in writing to me, Detective Gregg McArthur in the information packe
explains Deadly Force means force that creates or is likely to create a substantial likelihood of dea’
serious bodily injury to an individual.
Per Title 76 Utah Criminal Code
76-10-506. Threatening with or using a dangerous weapon in fight or quarrel.
(2) As used in this section:
(2) "Dangerous weapon" means an item that in the manner of its use or intended use is
capable of causing death or serious bodily injury. The following factors shall be used in
determining whether an item, object, or thing is a dangerous weapon:
(i) the character of the instrument, object or thing;
(ii) the character of the wound produced, if any; and
(ii) the manner in which the instrument, object, or thing was exhibited or used.
(b) "Threatening manner" does not include:
(i) the possession of a dangerous weapon, whether visible or concealed, without
additional behavior which is threatening:
Discussion:
It is clear to me now through the information packet and studying the Utah Criminal Code
above that my actions do meet (1) (a) (i) and (ili. | do appreciate the term ‘exhibited’ in the code. Itis
far clearer to me than brandish. | was unaware at the time of the incident that exhibiting an unloaded
{gun on my personal private property was unlawful when encountering an individual trespassing.
My actions do not meet (1) (b) ( Because my actions were threatening.
Subsequent to the incident and immediately following the incident my behavior changed
through helpful recommendations and insightful advice from officers of the UPD. At that point
onward | no longer brought the gun out-of-doors. They offered to patrol more often, suggested I call
the non emergency number to request patrol when there is likelihood of heavy trespasser traffic
(which | did) and capture trespassers on video with a non threatening warning that they are on
private property (which | did).
Additionally, neighbors who have had trespasser experiences have banded together partly on
my behalf to approach the Brighton Ski Resort to inquire whether the Resort would be willing to
develop a plan and install appropriate diversion mechanisms to alleviate the trespasser problem.
Respectfully submitted,
Keith Stebbings