CRAIG T.

PETERSON (7095)
Assistant Attorney General
SEAN D. REYES (7969)
Utah Attorney General
5272 South College Drive, Suite 200
Murray, Utah 84123
Tel: 801-281-1200
Fax: 801-281-1266
Email: craigpeterson@utah.gov

Attorneys for Plaintiff

IN THE SEVENTH DISTRICT COURT - MONTICELLO

SAN JUAN COUNTY, STATE OF UTAH

STATE OF UTAH, INFORMATION

Plaintiff, (Service by Summons)

v.
Warrant Release: NON JAIL
RICHARD A. ELDREDGE
DOB 09/17/1968 Case No. 171700054

ROBERT J. WILCOX
DOB 02/16/1971 Case No. 171700055

ALAN P. FREESTONE
DOB 09/26/1959 Case No. 171700056
Defendants.

The undersigned, Special Agent A. Jones, Utah Attorney Generals Office, AG Case No.
2016-520, states upon information and belief that the defendants RICHARD A. ELDREDGE,
ROBERT J. WILCOX and ALAN P. FREESTONE, in San Juan County, State of Utah, either
directly or as a party to the offense under Utah Code Ann. 76-2-202, committed the crimes of:
COUNT 1
RETALIATION AGAINST A WITNESS, VICTIM, OR INFORMANT, a Third Degree Felony,
in violation of Utah Code Ann. 76-8-508.3, as follows: On or about May 2016 through March
of 2017, in San Juan County, State of Utah, the defendants RICHARD A. ELDREDGE and
ALAN P. FREESTONE, believing that an official proceeding or investigation was pending,
about to be instituted, or had been concluded, did make a threat of harm or did cause harm
against a witness, victim or informant regarding any official proceeding as retaliation or
retribution against the witness, victim or informant, to wit: the defendants, knowing a criminal
investigation was being conducted by the Utah Attorney Generals Investigation Division
regarding an incident involving the witness, took action against the employment of the witness.

COUNT 2
RECKLESS ENDANGERMENT, a Class A Misdemeanor, in violation of Utah Code Ann. 76-
5-112 as follows: On or about May 26, 2015, in San Juan County, State of Utah, the defendants,
RICHARD A. ELDREDGE and ROBERT J. WILCOX, recklessly engaged in conduct that
created a substantial risk of death or serious bodily injury to another person, to wit: ELDREDGE
pointed an assault rifle, provided to him by WILCOX, at the witness with whom he was
frustrated.

COUNT 3
OBSTRUCTION OF JUSTICE IN CRIMINAL INVESTIGATIONS OR PROCEEDINGS, a
Class A Misdemeanor, in violation of Utah Code Ann. 76-8-306 (d) (j), as follows: On or about
May 26, 2015 through March 2017, in San Juan County, State of Utah, the defendants,
RICHARD A. ELDREDGE, ROBERT J. WILCOX, and ALAN P. FREESTONE, with intent to
hinder, delay, or prevent the investigation and prosecution of any person regarding conduct that
constitutes a criminal offense: (d) made, presented, or used any item or thing known by the actor
to be false; or (j) provided false information regarding a suspect, a witness, the conduct
constituting an offense, or any other material aspect of the investigation, to wit: The defendants
provided false information regarding a criminal offense, and regarding material aspects of the
investigation into that offense.

COUNT 4
OFFICIAL MISCONDUCT, a Class B Misdemeanor, in violation of Utah Code Ann. 76-8-
201, as follows: On or about May 2015 through March 2017, the defendants RICHARD A.
ELDREDGE, ROBERT J. WILCOX and ALAN P. FREESTONE, public servants, with intent to
benefit himself or another, knowingly refrained from performing a duty imposed on him by law
or clearly inherent in the nature of his office, to wit: the defendants in an effort to benefit
themselves or others failed to properly and correctly perform their duties as law enforcement
officers.

THIS INFORMATION IS BASED ON EVIDENCE OBTAINED FROM THE FOLLOWING

WITNESSES: Special Agent A. Jones, Witness.

2
DECLARATION OF PROBABLE CAUSE:

Your declarant bases this information upon the following:

On or about May 26, 2015, a departmental qualification shoot was held for the San Juan
County Sheriffs Department. Sheriff RICHARD A. ELDREDGE went to the parking lot with
Deputy ROBERT J. WILCOX, the Sheriffs Department firearms range Master Sergeant, to
handle a newly purchased department issued assault rifle in the back of a Sheriffs Department
truck. While ELDREDGE looked at the rifle, he pointed it at the Witness. The Witness was an
employee with the San Juan County Sheriffs Department whom ELDREDGE had previously
confronted. The Witness was walking through the parking lot with his back turned to
ELDREDGE and WILCOX. The Witness heard the click of the trigger pull, turned around, and
saw ELDREDGE pointing the assault rifle at him and heard WILCOX chuckle. During
interviews with law enforcement, ELDREDGE, failed to recall the incident. On November 15,
2016, ELDREDGE admitted that he engaged in the conduct directed at the Witness.

The Witness disclosed ELDREDGES conduct to the San Juan County Sheriffs
Department. In the past, ELDREDGE used outside agencies to conduct investigations that
involved his department. However, on or about May 2016, ELDREDGE assigned his Chief
Deputy ALAN P. FREESTONE to investigate ELDREDGES conduct instead of using an
outside, independent investigator.
FREESTONE interviewed ELDREDGE, WILCOX and the Witness. FREESTONE
asked the Witness to write down his statement and provide it to WILCOX, who was one of the
subjects of the investigation. The Witness informed FREESTONE that he was uncomfortable in
doing so. FREESTONE noted that the Witness refused to cooperate with an official
investigation when the Witness did not provide a statement to WILCOX as directed by
FREESTONE.
On May 19, 2016, FREESTONE interviewed the Witness and recorded the interview.
FREESTONE then interviewed ELDREDGE and WILCOX, but did not record their interviews.
FREESTONE allowed ELDREDGE and WILCOX to hear the Witness interview recording
while FRESSTONE took their respective statements. FREESTONE, to protect the Sheriff, did
not conduct a proper investigation. FREESTONES investigation had incorrect dates, incorrect
paperwork, and missing or no audio interviews. On May 26, 2016, FREESTONE closed his
investigation indicating that the alleged shooting range incident did not happen. ELDREDGE
then used that result against the Witness.
In August 2016, Special Agent Jones began an independent Utah Attorney General
investigation of ELDREDGEs conduct at the shooting range and interviewed all defendants.
ELDREDGE and WILCOX provided false information to Special Agent Jones regarding their
conduct at the firing range. While the Utah Attorney General investigation was active,
ELDREDGE and FREESTONE falsely told the Witness on January 25, 2017, that all
investigations were concluded and found to have no merit.

3
 On or about January 25, 2017, the Witness was put on administrative leave from the San
Juan County Sheriffs Department. On February 25, 2017, in retaliation for reporting a
complaint against the San Juan County Sheriffs Department, the Witness was terminated from
employment.
Pursuant to Utah Code Ann. 78B-5-705 (2008)
I declare under criminal penalty of the State of Utah
that the foregoing is true and correct to the best of my
belief and knowledge.

Executed on: This 12th day of May, 2017.

/s/ A. Jones
A. JONES
Declarant

Authorized for presentment and filing:

SEAN REYES, Utah Attorney General

/s/ Craig T. Peterson

CRAIG T. PETERSON
Assistant Attorney General
This 12th day of May, 2017
AG Case No. 2016-520