8.29.19 Maxon Appeal of GRAMA Denial - Park City Police Department Case No 19-10429 - emailtflttorneys at Law
(est. 1984)
Vyer Law § mup 'P LLC
'T'fie Langton 1fouse
648 'East 100 South
Sa{t Lake City, 'Utali 84102
Pfione 801.363-5000
'Fax 801.363-5051
Tfie 'Dyer Law §rotp
August 29, 2019
BY U.S. MAIL FIRST CLASS POSTAGE PREPAID AND VIA EMAIL
(diane.fosteJ@parkcity.org and micllelle.kellogg@parkcity.org)
Diane Foster, City Manager
Park City Municipal Corporation
445 Marsac
P.O. Box 1480
Park City, Utah 84060
RE: Appeal of GRAM A Request Denial
Park City Police Department Case No. 19-10429
Dear Ms. Foster,
My office has been retained by and represent Beau Maxon (Mr. Maxon)
incident to an incident that took place between Mr. Maxon and Dean Demung
Deleone ("Mr. Deleone") outside ofNo Name Saloon on or about the evening of
July 14, 2019/early moming ofJuly 14/15, 2019 (herein July 15, 2019). The
incident resulted in the generation of a police report and criminal charges against Mr.
Deleone. My office is in the process of investigating potential claim(s)/causes of
action in behalf of Mr. Maxon, and therefore appeal the Park City Police
Department's patiial denial of Mr. Maxon 's Govenm1ent Records Access
Management Request ("GRAMA Request"), a copy of which is attached hereto as
Exhibit A, pursuant to U.C.A. 63G-2-401(1)(a). For the purposes of this appeal,
please direct any fmther correspondence to my office-Dyer Law Group PLLC, 648
East 100 South, Salt Lake City, UT 84102; (801) 363-5000.
BRIEF STATEMENT OF FACTS
Mr. Maxon was at the No Name Saloon on July 15,2019, with his partner
and two other individuals when Mr. Deleone became aggressive and began
tiu·eatening Mr. Maxon and the others in his group. Mr. Deleone was subsequently
kicked out of No Name Saloon but did not leave the area. When Mr. Maxon left No
Name Saloon with his group, Mr. Deleone was still outside and began to verbally
harass Mr. Maxon and his group before mshing Mr. Maxon aggressively. At this
point, Mr. Maxon defended himself and stmck Mr. Deleone a single time, knocking
him to the street. Mr. Maxon subsequently contacted the Park City Police
Department ("PCPD") to repmi the incident and remained near the scene to provide
responding officers with information and his swom statement. Unfortunately, Mr.
Maxon injured his ankle and hand/wri st during this incident.
Mr. Deleone was charged with two (2) counts (Intoxication and Disorderly
Conduct) in Smm11it County Justice Court, Case No. 191 200435. After the incident,
Mr. Maxon filed a GRAMA Request, which was granted in pali and denied in pmt
and is the subject of thi s appeal.
GROUNDS FOR APPEAL AND LEGAL AUTHORITY
Mr. Maxon respectfully requests that the denial of his ORAMA Request be
reversed and that he be provided with full, umedacted copies of all of the police
reports regarding the incident on July 15, 2019, in addition to any/all pictures, video,
audio or other documents/materials in PCPD's files regarding tllis matter. Mr.
Maxon was acting in self-defense on the night of July 15, 2019, and sustained
injuries while defending himself such that he is a victim in tllis matter.
PCPD cited to U.C.A. §630-2-305(10)(a-c) as the grounds for its denial of
the ORAMA Request, which reads in pertinent pmi:
(1 0) records created or maintained for civil, criminal, or admitlistrative
enforcement purposes or audit purposes, or for discipline, licensing,
certification, or registration purposes, if release of the records:
(a) reasonably could be expected to interfere with investigations
undertaken for enforcement, discipline, licensing, cetiification, or
registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary,
or enforcement proceedings;
(c) would create a danger of depriving a person of a right to a fair h·ial
or impmiial hearing;
First, with regard to the video obtained by the PCPD from Flanagans on
Main, I respectfully submit that the video should be provided to Mr. Maxon for two
reasons. First, the video is not a "record" within the meaning of ORAMA because
the video was, and is, the propetiy ofFlanagans on Main, not PCPD, and U.C.A.
§630-2-1 03(22)(b )(iii) explicitly excludes "material that is legally owned by an
individual in the individual's ptivate capacity ... "
Regarding denial of the ORAMA Request pursuant to U.C.A. §630-2-
305(10)(a) & (b), I respectfully submit that the investigati on into the tlight of July
15, 2019, has been completed inasmuch as Mr. Deleone has been charged in Summit
County Justice Court and the production of the records cannot, therefore, interfere
with PCPD's investigation or any audit, disciplinary or enforcement action. In
Deseret News Pub. Co. v. Salt Lake Cty., the Supreme Comi of Utah held that use of
the term "investigations" is limited to "the possibility of interference to a then
ongoing investigation undertaken" for one of the purposes set forth by statute.
Deseret News Pub. Co. v. Salt Lake Cty., 2008 UT 26, ~ 44, 182 P.3d 372, 382.
Inasmuch as PCPD's investigation has concluded, I respectfully submit that the
requested documents/materials are not part of an ongoing investigation and thus
catmot be classified as "protected" under either U.C.A. §630-2-305(1 O)(a) or (b).
Regarding U.C.A. §630-2-305(1 0)( c), I respectfully submit that the
disclosure of the police repmis, witness statements and other materials in PCPD's
files would not create a danger of depriving Mr. Deleone of his right to a fair trial
inasmuch as Mr. Deleone pled no contest to one of the charges against him
yesterday, August 28, 2019, and the other was dismissed with prejudice. Attached
hereto as Exhibit B is a true and correct copy of the docket in Park City v. Dean
Denning Deleone, Case No. 191200435, demonstrating Mr. Deleone's no contest
plea in that matter. Thus, producing the documents/materials Mr. Maxon requested
Page 2 of3
via the GRAMA Request will not impact Mr. Deleone's trial rights in any way.
Accordingly, I respectfully submit that the denial of the GRAMA Request on the
grounds that it would somehow impact Mr. Deleone's right to a fair trial should
likewise be reversed and the entire contents ofPCPD's file requested in the GRAMA
Request should be provided to Mr. Maxon, care of my office.
CONCLUSION AND REQUEST FOR RELIEF
As set forth hereinabove, Mr. Maxon respectfully appeals the partial denial of
hi s GRAMA Request and respectfully requests Park City release to him the entire,
umedacted PCPD file in Case No. 19-10429, including, but not limited to, all witness
statements, pictures, video/audio obtained, etc.
Thank you in advance for your assistance with this matter.
cc: Beau Maxon (with attachments)
Michelle Kellogg, City Recorder (with attachments via email to
michelle. kellogg@parkcity. org)
Page 3 of3
Exhibit A
July 30, 2019
Beau Maxon
11538 s. 3420 w.
South Jordan, UT 84095
B CITY
Police Department
Re: GRAMA request for Park City Police case #19-10429 including any and all photos and video of the
incident.
Dear Mr. Maxon,
Attached you will find Park City Police Department Case #19-10429, which is active with the City
Attorney's office. The record contains redacted data that has been properly classified as Protected
under GRAMA 63G-2-305(10)(a)(b)(c). Also attached are photos of yourself but all other photos as well
as video have also been properly classified as Protected under GRAMA 63G-2-305(10)(a)(b)(c).
Pursuant to Utah State Code Section 63G-2-401 and Park City Municipal Code Sections 5-5-1 and 5-5-2
you have the right to appeal this determination within 30 days t o the City manager of Pa rk City
Municipal Corporation by filing a notice of appeal. The notice of appeal shall contain the following
information:
(a) The petitioner's name, mailing address, and daytime telephone number,
(b) The relief sought, and
(c) A short statement of acts, reasons, and legal authority in support of the appeal.
Since rely,
Wendy Blake
Records Clerk
Park City Police Department
Park City Police Department • 2060 Park Avenue • P.O. Box 1480 • Park City, Utah 84060-1480
Phone ( 435) 6 15-5500 • Fax ( 435) 615-4971
PARK CITY POLICE DEPARTMENT
REQUEST FOR RECORDS RELEASE
DESCRIPTION OF RECORD REQUESTED/CASE NUMBER: -~'-C\---'---___,_l Q=--Lj2;_-==--94, __ _
I U)Qll )c\ l :-6 &12 Qldt") oJ l -pi-trios a
REQUESTEDBY:~~~~~~~~~~~------+-~~~~
(PLEASE PRINT FULL NAME)
MAILINGADDRESS: ~ 5, ~~ lR)
(5QtcbV1 u T ~.?-f cr=rt;-
DAYTIMEPHONE:&Jt~Gg)-l&fil EMAILADDRESS: -bem),~Q)~LCQt{
I.D.ILICENSENO.: ~ 0.~0...~ STATE: ___ _
(ONLY PHOTO IDENTIFICATION ACCEPTED )
DATE OF BIRTH: Q, 7 I c:_g
onth ~y I 19&5
Year
REQUEST DATE: Q //c S:/2.__() \9 REQUEST TIME: c_ ~ Y6 ~
REASON FOR REQUEST/REPRESENTING: leqp.t fEC.Ol.Af'S
WHAT IS YOUR INVOLVEMENT: __ V~!.-~C~+~L!,_.Af//l~------------
AS THE UNDERSIGNED, I UNDERSTAND THAT ANY FALSE OR MISLEADING
INFORMATION PLACED ON THIS REQUEST MAY MAKE ME SUBJECT TO CRIMINAL
PROSECUTION FOR SUPPLYING FALSE INFORMATION TO A POLICE AGENCY AS WELL
AS OBTAINING GOVERNMENT ~:?E PRETENSES.
SIGNATURE OF REQUESTER:-~~~~:...._...:......_ ____________ _
NOTICE OF IDENTIFICATION REQUIRED
AS REQUESTER OF THE RECORD, IF YOU ARE UNABLE TO APPEAR IN PERSON
AND PRESENT PHOTO IDENTIFICATION TO RECEIVE THE DOCUMENTS AND WISH TO
HAVE THEM MAILED, YOU MUST SIGN THIS DOCUMENT BEFORE A NOTARY PUBLIC.
STATE OF __________ _
COUNTY OF _________ _
SUBSCRIBED AND SWORN BEFORE ME THIS_ DAY OF 2Q, __
BY , KNOWN BY ME TO BE THE PERSON NAMED
ABOVE.
NOTARY PUBLIC: ___________ _
MAILING ADDRESS:, __________ _
MY COMMISSION EXPIRES: ________ _
2060 PARK AVE. P.O. BOX 1480 PARK CITY, UTAH 84060 I PHONE (435) 615-5500 I FAX (435) 615-4971 I www.records@parkcity.org
Exhibit B
SUMMIT COUNTY JUSTICE COURT
SUMMIT COUNTY, STATE OF UTAH
PARK CITY vs. DEAN DENNING DELEONE
CASE NUMBER 191200435 Other Misdemeanor
________________________________________________________________________________
CHARGES
Charge 1 - 76-9-701(1) - INTOXICATION Class C Misdemeanor
Offense Date: July 15, 2019
Disposition: August 28, 2019 Dismissed w/ Prejudi
Charge 2 - 76-9-102 - DISORDERLY CONDUCT Class C Misdemeanor
Offense Date: July 15, 2019
Disposition: August 28, 2019 No Contest
CURRENT ASSIGNED JUDGE
SHAUNA L KERR
PARTIES
Defendant - DEAN DENNING DELEONE
Plaintiff - PARK CITY
Represented by: TRICIA LAKE
Other Party - BEAU MAXON
Represented by: BENJAMIN DYER
DEFENDANT INFORMATION
Defendant Name: DEAN DENNING DELEONE
Offense tracking number: 55264196
Date of Birth: August 13, 1983
Law Enforcement Agency: PARK CITY POLICE
LEA Case Number: 19-10149
Officer Name: DANIELLE SNELSON
Prosecuting Agency: PARK CITY
Citation Number: P10532822
Arrest Date: July 15, 2019
ACCOUNT SUMMARY
TOTAL REVENUE Amount Due: 350.00
Amount Paid: 0.00
Credit: 0.00
Balance: 350.00
REVENUE DETAIL - TYPE: FINE
Printed: 08/29/19 09:22:46 Page 1
Page 1 of 4
CASE NUMBER 191200435 Other Misdemeanor
________________________________________________________________________________
Amount Due: 350.00
Amount Paid: 0.00
Amount Credit: 0.00
Balance: 350.00
CASE NOTE
Cit. Issued:07/15/2019 Reported:07/16/2019 J2204 #1 DANIELLE
SNELSON
PROCEEDINGS
07-16-19 Case filed
07-16-19 Judge SHAUNA L KERR assigned.
07-23-19 PRETRIAL CONFERENCE scheduled on August 28, 2019 at 08:30 AM
with Judge KERR.
07-23-19 Notice - NOTICE for Case 191200435 ID 14917099
PRETRIAL CONFERENCE is scheduled.
Date: 08/28/2019
Time: 08:30 a.m.
Before Judge: SHAUNA L KERR
07-23-19 Filed: Notice for Case 191200435 MO: Judge SHAUNA L KERR
07-29-19 Filed: INFORMATION/INDICTMENT
08-28-19 Filed: Appearance of Counsel Limited Counsel Attorney for Beau
Maxon
08-28-19 Charge 1 Disposition is Dismissed w/ Pr
08-28-19 Charge 2 Disposition is No Contest
08-28-19 Filed order: SENTENCE, JUDGMENT, COMMITMENT
Judge SHAUNA L KERR
Signed August 28, 2019
08-28-19 Fine Account created Total Due: 350.00
08-28-19 Minute Entry - SENTENCE, JUDGMENT, COMMITMENT
Judge: SHAUNA L KERR
PRESENT
Clerk: jenniep
Prosecutor: LAKE, TRICIA
Defendant Present
Defendant pro se
Audio
Tape Count: 9:47
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Page 2 of 4
CASE NUMBER 191200435 Other Misdemeanor
________________________________________________________________________________
Court advises defendant of rights and penalties.
The defendant is advised of right to counsel.
The defendant waives right to counsel.
Defendant waives time for sentence.
Change of Plea Note
Motion from Prosecutor, upon plea to charge 2 the remaining charge
will be dismissed. Factual basis given by Prosecutor.
SENTENCE JAIL
Based on the defendant's conviction of DISORDERLY CONDUCT a Class C
Misdemeanor, the defendant is sentenced to a term of 30 day(s) The
total time suspended for this charge is 30 day(s).
SENTENCE FINE
Charge # 2 Fine: $350.00
Suspended: $0.00
Surcharge: $127.78
Due: $350.00
Total Fine: $350.00
Total Suspended: $0
Total Surcharge: $127.78
Total Fine Due: $350.00
Defendant is to pay a fine of 350.00 which includes the surcharge.
Interest may increase the final amount due.
Fine payments are to be made to The Court. This can be paid online
at: www.utcourts.gov/epayments.
The fine is to be paid in full by 01/28/2020.
ORDER OF PROBATION
The defendant is placed on probation for 6 month(s).
Probation is to be supervised by Summit Co Justice Court.
Complete assessment within 60 days and provide proof of completion
to the court. Defendant must comply with all recommendations
within 120 days and provide proof of completion to the court.
Fines may be offset up to $100 with receipts for treatment if
provided to the court within 90 days.
Restitution remain open for 90 days.
No similar or like offenses.
Defendant is to notify the court of a current address at all times,
and report to the court when notified by mail, or a warrant may be
Printed: 08/29/19 09:22:47 Page 3
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CASE NUMBER 191200435 Other Misdemeanor
________________________________________________________________________________
issued.
Defendant is ordered to pay court costs, fines and fees as directed
by the court.
08-28-19 Filed: Plea, Rights and Waiver and Right to Counsel
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