A screenshot from video footage showing the moments before Patrick Hayes was shot to death by Greg Kyle DeBoer on Sept. 25, 2024. Photo: Wasatch County Attorney’s Office

WASATCH COUNTY, Utah — The family of Patrick Hayes is sharply criticizing the Wasatch County Attorney’s Office (WCAO) for declining to file homicide charges in the September 2024 shooting that left the 61-year-old father dead along a remote road near Jordanelle Reservoir, according to a recent statement released last week.

Hayes was found shot to death on Sept. 26, 2024, after an encounter the previous evening with another driver, Greg DeBoer, who told investigators he fired in self-defense. Prosecutors ultimately charged DeBoer with felony obstruction of justice, but said the evidence did not support a homicide charge under Utah’s “defense of vehicle” statute.

In a detailed written response released Thursday, the Hayes family and their legal team, led by attorney Jim Bradshaw, said the county misrepresented facts, does not understand Utah self-defense law, and ignored investigators who believed a homicide charge was warranted.

Family says prosecutor “made up” legal standard

The family says the County Attorney’s Office relied on a “fictional interpretation of Utah law” when concluding it could not disprove self-defense beyond a reasonable doubt, according to the statement.

“The problem is that they just made this up,” the family stated, arguing that Wasatch County improperly quoted concepts from Florida’s Stand Your Ground law rather than applying Utah’s statutory language and case law. Their response emphasizes that Utah’s self-defense law hinges on necessity — whether a killing was required to prevent imminent death or serious injury — and that the Jordanelle Gatehouse surveillance video shows DeBoer had “many options,” including driving away or calling police.

The family also cites several Utah appellate decisions addressing when a person becomes an aggressor or is engaged in “combat by agreement,” conditions that can eliminate self-defense protections. They argue DeBoer’s own statements show he pursued Hayes for several miles with the intention of confronting him.

Disputed account of confrontation

The statement said according to prosecutors, DeBoer told investigators he first noticed Hayes driving erratically on SR-40, nearly striking a semitruck. DeBoer said both drivers engaged in aggressive driving before Hayes turned off toward the Ross Creek day-use area. Video shows Hayes exiting his vehicle with a fiberglass baton and knife, approaching DeBoer’s Jeep and striking the vehicle before DeBoer fired a single shot from inside.

Prosecutors also cited the autopsy report’s finding of a .145 blood-alcohol level, though the family disputes its reliability. In the statement, family noted Hayes’ body remained undiscovered for nearly 12 hours and the autopsy occurred another 12 hours later, conditions that the medical examiner cautioned can produce ethanol post-mortem.

Investigators and outside reviewer flagged concerns

The Hayes family statement references an internal review conducted by retired 3rd District Judge Richard McKelvie, whom Wasatch County hired to evaluate its operations. According to the family, the judge’s report indicated:

The lead detective and his former lieutenant believed homicide charges were justified.
Summit County Sheriff Frank Smith questioned how self-defense could apply when the shooter left the scene and failed to report the incident.
Investigators felt county administrators interfered with evidence gathering.

The County Attorney’s Office did not address the McKelvie report in its public statement.

Prosecutors: Self-defense cannot be disproven

In its own release, the WCAO said it recognizes the profound loss but is bound by legal and ethical standards requiring prosecutors to file charges only when they believe a conviction is likely.

Under Utah Code 76-2-405, the WCAO said, a person may use deadly force to defend their vehicle from someone attempting to enter “in a violent and tumultuous manner” if the person reasonably believes the intrusion is intended to cause personal harm. Because DeBoer claimed he believed Hayes was trying to break into the Jeep to attack him — and because the video shows Hayes striking the vehicle — prosecutors say they cannot meet the burden of disproving self-defense beyond a reasonable doubt.

They also noted Utah law imposes no duty to retreat if a person is lawfully present and not engaging in criminal activity.

“The Wasatch County Attorney’s Office does not believe that there is admissible evidence that can prove beyond a reasonable doubt that defense of vehicle does not apply,” the statement said.

Prosecutors added that they sought input from attorneys in two other Utah prosecution offices, who agreed with their conclusion.

Family calls for outside intervention

The Hayes family says the prosecutor’s reasoning “reveals a bias that should disqualify them,” and is urging community members to contact the Fourth District Court and the Utah Attorney General’s Office to request that another agency review the case.

“For over a year, the Hayes family has sought to understand the thinking of the Wasatch County Attorney’s Office,” their statement reads. “Justice demands that a jury be allowed to judge those claims.”

The County Attorney’s Office said it is not likely that additional facts would change its charging decision, citing confidence in the investigation conducted by a multi-agency task force that included law enforcement from Wasatch County, Heber City, Summit County, Park City, the Utah Attorney General’s Office, and state forensic units.

On November 5th, DeBoer plead not guilty to the obstruction of justice charge against him in Fourth District Court. The charge carries a possible penalty of up to 15 years in prison.

Judge Jennifer Mabey set a pretrial hearing for Jan. 21, 2026.