Wasatch County will not file homicide charges in fatal road rage shooting of Patrick Hayes

Sheriff Jared Rigby discusses the homicide investigation

WASATCH COUNTY, Utah — The Wasatch County Sheriff’s Office has announced that insufficient evidence prevents charging a Summit County man in the fatal shooting of 61-year-old Patrick Hayes last September.

Greg Kyle DeBoer, also 61, admitted to fatally shooting Hayes, a resident of Hideout, near the gate house entrance to Jordanelle State Park on September 25, 2023, during what he described as a road rage incident. DeBoer, of Browns Canyon, claimed he acted in self-defense. After the shooting DeBoer left the scene and did not call local authorities, Wasatch County Sheriff Jared Rigby said. When DeBoer got home, he allegedly buried the gun and the ammunition used in the shooting in his backyard. While DeBoer has not been charged with homicide, he faces a second-degree felony obstruction of justice charge for burying the firearm used in the shooting. 

“It took us several weeks to track him down, and to to find out a lot of these answers and and get the data off of off of devices, to to try to piece those things together. So we know a significant amount of what happened, but we don’t know 100%,” Rigby said.

The incident and investigation

Rigby outlined the events leading to Hayes’ death, supported by surveillance footage from the Ross Creek entrance of Jordanelle State Park and physical evidence, including marks on the passenger’s side window of DeBoer’s Jeep. The footage shows Hayes exiting his vehicle, approaching DeBoer’s Jeep Gladiator, and engaging in a confrontation.

“Mr. Hayes had a baton in one hand and a pocketknife in the other,” Rigby said. “He appeared to strike the passenger side window of the Jeep multiple times. Shortly after, the passenger window was lowered, and a single gunshot was fired.”

Rigby added that Hayes’ body was found hours later near his still-running vehicle, with the baton and knife lying nearby.

Despite the video evidence providing some details, Rigby pointed out the video shows Mr. Hayes, but does not show the DeBoer.

“You don’t see the defendant himself. You see Mr. Hayes walk back to the second vehicle. You see the second vehicle move towards Hayes twice. You see Mr. Hayes move over towards the passenger side of the vehicle. You can hear a few things, and then you hear what appears to be a gunshot. But as far as the knife and the baton, they’re found next to Mr. Hayes body when law enforcement got there,” Rigby said.

Charges and legal context

Last month, DeBoer was charged with obstruction of justice, a second-degree felony, for allegedly burying the firearm used in the shooting near his home. However, he has not been charged in connection with Hayes’ death.

Wasatch County Sheriff Jared Rigby explained that the burden of proof required to bring charges in a self-defense case is particularly high.

“It’s a very difficult decision to make, and in this case, they did not believe they could prove beyond a reasonable doubt that Mr. DeBoer wasn’t acting in self-defense,” Rigby said.

The sheriff emphasized the complexity of the case, noting that state laws on self-defense and defense of property must be carefully considered alongside homicide statutes.

“We know a significant amount of what happened, but not 100%,” Rigby explained. “Determining whether self-defense applies in this case is challenging because we don’t have Mr. Hayes’ side of the story.”

Rigby said the investigation also involved data from search warrants, including information from electronic devices. However, he acknowledged gaps in evidence that make it difficult to bring homicide charges at this time.

Possibility of Future Charges

Rigby did not rule out the possibility of additional charges if new evidence emerges. Advancements in technology or the discovery of witnesses or other evidence could change the trajectory of this case, he said.

Part of what factored into our decision making was trying to leave the opportunity for a homicide charge to occur in the future, if new evidence arises that is to that level that we should consider it. There were other ways that could have decisions that could have been made that could have resulted in not being able to bring it again. If there’s new evidence in the case, then we would be willing to consider other charges in the future. And that’s the case wherever we can in law enforcement, that’s what we’re always trying to do,” Rigby said.

Community Concerns

The incident has sparked public concern about road rage and community safety. Rigby acknowledged the frustration some residents feel about the case’s outcome so far.

“We share those concerns and are always working to conduct thorough investigations,” Rigby said. “We’re deeply concerned about how anger and frustration while driving can lead to such tragic outcomes.”

DeBoer was released on bail in late December and is scheduled for a preliminary hearing on January 22 for the obstruction charge. Meanwhile, the sheriff’s office continues to monitor the case and remains open to pursuing additional charges if warranted.

“Ultimately, we aim to hold individuals accountable while ensuring justice is served in accordance with the law,” Rigby said.