Independent report criticizes Wasatch County Sheriff’s handling of Hayes homicide investigation

Overlooking the Jordanelle Reservoir from Ross Creek on October 11, 2024, where Patrick Hayes, of Hideout, was found fatally shot outside his car. Photo: Marina Knight//TownLift

WASATCH COUNTY — An independent review of the Wasatch County Sheriff’s Office (WCSO) has raised concerns about Sheriff Jared Rigby and Undersheriff Josh Probst’s involvement in the 2024 investigation into the fatal shooting of Patrick Hayes, saying their intervention may have limited investigators’ ability to gather critical evidence.

The 65-page report, written by retired Judge Richard McKelvie and released September 19, examined civil and administrative concerns within the sheriff’s office. While it did not make specific findings of fact, it compiled testimony from more than 30 current and former employees, law enforcement officers from neighboring agencies, and civilians. McKelvie forwarded his findings to the Wasatch County Council, attorney, and manager for potential policy changes and further action.

Among seven areas of concern highlighted in the report — including hiring and promotion irregularities, misuse of county resources, fears of retaliation, and frayed relationships with other agencies — the Hayes case was cited as the first of three examples of “investigation interference.” The report said there were “other similar incidents reported.”

Fatal shooting at Jordanelle

Hayes, 61, of Hideout, was killed Sept. 25, 2024, during what authorities described as a road rage altercation near Jordanelle State Park. The suspect, Greg Kyle DeBoer of Summit County, told investigators he fired in self-defense. He later admitted to burying the gun in his backyard and was charged with obstruction of justice, a second-degree felony, but has not been charged in connection with Hayes’ death.

According to the report, the lead detective drafted a thorough search warrant affidavit, and officers recovered the weapon during a search of DeBoer’s home. But investigators said Rigby and Probst directed them not to arrest DeBoer “regardless of what was found.” That decision, they argued, eliminated the opportunity for a post-arrest interrogation that could have uncovered more evidence.

McKelvie noted that Rigby and Probst “by their own admission” have little training in criminal investigations and that experienced investigators felt their involvement was unwarranted. “Experienced investigators believe that unnecessary intervention by administrators robbed them of the potential ability to gather critical evidence,” the report stated.

Disputed arrest

As the case progressed, WCSO pursued the obstruction charge tied to the DeBoer’s concealment of the weapon. But the report said a jurisdictional rift complicated matters: the Summit County Sheriff’s Office informed WCSO that if the suspect were to be arrested in Summit County, Summit deputies would handle it.

In response, Rigby and Probst devised a plan to “lure” DeBoer into Wasatch County by telling him deputies had property to return, the report said. The arrest took place in the days just before Christmas 2024. By then, the lead investigator was on holiday leave and, according to the report, was not informed of the timing or present for the arrest.

McKelvie noted that the absence of the case’s primary investigator again cost authorities the opportunity for an informed post-arrest interview. While DeBoer could have declined to speak, the report said it was equally possible he may have agreed, potentially providing key information to advance the investigation.

Family concerns and interagency tension

Hayes’ family members told McKelvie they were frustrated with their interactions with Rigby, saying he was dismissive of their concerns and emphasized evidence supporting a self-defense claim. The report also pointed to other factors investigators believed warranted closer scrutiny, including DeBoer following Hayes into a closed area of the reservoir late at night, fleeing the scene without reporting the shooting, and hiding the weapon.

The fallout also strained relations between the Wasatch and Summit County sheriff’s offices, which worked together on parts of the case, according to the report and the report stated other agencies involved believe a homicide charge should be pursued.

“The assigned detective, his former lieutenant, and the Summit County Sheriff’s office are all of the opinion that a homicide charge should be pursued…experienced investigators believe that unnecessary intervention by administrators robbed them of the potential ability to gather critical evidence which could support such a charge,” the report said.

Broader findings

Beyond the Hayes investigation, the report also highlighted the 2023 investigation of David Martindale, a Timberlakes resident suspected of drug distribution. Detectives obtained a search warrant for his home but declined to execute it without SWAT support after a risk assessment.

According to one detective who was interviewed in the report, Undersheriff Josh Probst “lost his mind” during a meeting about the warrant, delivering what was described as a 10–15 minute rant against the detectives. The warrant was returned unserved. Within a week, Martindale died of an overdose at the same residence.

Probst later told investigators he was frustrated by what he viewed as incomplete casework, saying, “We can’t take SWAT teams up and kick down people’s doors and point guns in people’s faces because we’re not willing to do homework and vet and investigate.”

McKelvie’s report detailed systemic issues inside WCSO: alleged favoritism in promotions, misuse of county vehicles, duty assignments used as punishment or reward, and widespread fear of retaliation for speaking out.

Still, Wasatch County officials emphasized that the review found “no gross mismanagement or illegal activity.” In a statement Friday, County Manager Dustin Grabau said the recommendations provide “a clear path forward to improve operations and perceptions of the sheriff’s office.”