JEFFREY R.

BUHMAN #7041
Utah County Attorney
Sam Pead #11945
Lauren Hunt #14682
Deputy Utah County Attorney
100 East Center, Suite 2100
Provo, Utah 84606
Email: dcourt@utahcounty.gov
Phone: (801) 851-8026
Fax: (801) 851-8051

IN THE FOURTH JUDICIAL DISTRICT COURT

UTAH COUNTY, STATE OF UTAH

STATE OF UTAH, INFORMATION

Plaintiff,

vs.

CHRISTOPHER RICHARD POULSON Case No. _________________

152 S 830 E
Smithfield, UT 84335 Judge: ___________________
DOB: 02/26/1989
OTN: ____________________
Defendant.

The State of Utah, by and through Sam Pead and Lauren Hunt, Deputy Utah
County Attorneys, hereby charges Defendant with the commission of the following
offenses:

COUNT 1: CRIMINAL HOMICIDE, AGGRAVATED MURDER, a first degree felony,

in violation of Utah Code Ann 76-5-202, in that on or about September 8, 2015, in Utah
County, Defendant Christopher Richard Poulson did (1) intentionally or knowingly cause
the death of another under any of the following circumstances:
(a) the homicide was committed by a person who was confined in a jail or other
correctional institution;
(b) the homicide was committed incident to one act, scheme, course of conduct, or
criminal episode during which two or more persons were killed, or during which the actor
attempted to kill one or more persons in addition to the victim who was killed;
(c) the actor knowingly created a great risk of death to a person other than the victim and
the actor;
(d) the homicide was committed incident to an act, scheme, course of conduct, or
criminal episode during which the actor committed or attempted to commit aggravated
robbery, robbery, rape, rape of a child, object rape, object rape of a child, forcible
sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse of a child, aggravated
sexual abuse of a child, child abuse as defined in Subsection 76-5-109(2)(a), or
aggravated sexual assault, aggravated arson, arson, aggravated burglary, burglary,
aggravated kidnapping, or kidnapping, or child kidnapping;
(e) the homicide was committed incident to one act, scheme, course of conduct, or
criminal episode during which the actor committed the crime of abuse or desecration of a
dead human body as defined in Subsection 76-9-704(2)(e);
(f) the homicide was committed for the purpose of avoiding or preventing an arrest of the
defendant or another by a peace officer acting under color of legal authority or for the
purpose of effecting the defendant's or another's escape from lawful custody;
(g) the homicide was committed for pecuniary gain;
(h) the defendant committed, or engaged or employed another person to commit the
homicide pursuant to an agreement or contract for remuneration or the promise of
remuneration for commission of the homicide;
(i) the actor previously committed or was convicted of:
(i) aggravated murder, Section 76-5-202;
(ii) attempted aggravated murder, Section 76-5-202;
(iii) murder, Section 76-5-203;
(iv) attempted murder, Section 76-5-203; or
(v) an offense committed in another jurisdiction which if committed in this state would be
a violation of a crime listed in this Subsection (1)(i);
(j) the actor was previously convicted of:
(i) aggravated assault, Subsection 76-5-103(2);
(ii) mayhem, Section 76-5-105;
(iii) kidnapping, Section 76-5-301;
(iv) child kidnapping, Section 76-5-301.1;
(v) aggravated kidnapping, Section 76-5-302;
(vi) rape, Section 76-5-402;
(vii) rape of a child, Section 76-5-402.1;
(viii) object rape, Section 76-5-402.2;
(ix) object rape of a child, Section 76-5-402.3;
(x) forcible sodomy, Section 76-5-403;
(xi) sodomy on a child, Section 76-5-403.1;
(xii) aggravated sexual abuse of a child, Section 76-5-404.1;
(xiii) aggravated sexual assault, Section 76-5-405;
(xiv) aggravated arson, Section 76-6-103;
(xv) aggravated burglary, Section 76-6-203;
(xvi) aggravated robbery, Section 76-6-302;
(xvii) felony discharge of a firearm, Section 76-10-508.1; or
(xviii) an offense committed in another jurisdiction which if committed in this state
would be a violation of a crime listed in this Subsection (1)(j);
(k) the homicide was committed for the purpose of:
(i) preventing a witness from testifying;
(ii) preventing a person from providing evidence or participating in any legal proceedings
or official investigation;
(iii) retaliating against a person for testifying, providing evidence, or participating in any
legal proceedings or official investigation; or
(iv) disrupting or hindering any lawful governmental function or enforcement of laws;
(l) the victim was or had been a local, state, or federal public official, or a candidate for
public office, and the homicide was based on, was caused by, or was related to that
official position, act, capacity, or candidacy;
(m) the victim was or had been a peace officer, law enforcement officer, executive
officer, prosecuting officer, jailer, prison official, firefighter, judge or other court official,
juror, probation officer, or parole officer, and the victim was either on duty or the
homicide was based on, was caused by, or was related to that official position, and the
actor knew, or reasonably should have known, that the victim held or had held that
official position;
(n) the homicide was committed:
(i) by means of a destructive device, bomb, explosive, incendiary device, or similar
device which was planted, hidden, or concealed in any place, area, dwelling, building, or
structure, or was mailed or delivered;
(ii) by means of any weapon of mass destruction as defined in Section 76-10-401; or
(iii) to target a law enforcement officer as defined in Section 76-5-210;
(o) the homicide was committed during the act of unlawfully assuming control of any
aircraft, train, or other public conveyance by use of threats or force with intent to obtain
any valuable consideration for the release of the public conveyance or any passenger,
crew member, or any other person aboard, or to direct the route or movement of the
public conveyance or otherwise exert control over the public conveyance;
(p) the homicide was committed by means of the administration of a poison or of any
lethal substance or of any substance administered in a lethal amount, dosage, or quantity;
(q) the victim was a person held or otherwise detained as a shield, hostage, or for ransom;
(r) the homicide was committed in an especially heinous, atrocious, cruel, or
exceptionally depraved manner, any of which must be demonstrated by physical torture,
serious physical abuse, or serious bodily injury of the victim before death;
(s) the actor dismembered, mutilated, or disfigured the victim's body, whether before or
after death, in a manner demonstrating the actor's depravity of mind; or
(t) the victim was younger than 14 years of age; or
(2) with reckless indifference to human life, cause the death of another incident to an act,
scheme, course of conduct, or criminal episode during which the actor was a major
participant in the commission or attempted commission of:
(a) child abuse, Subsection 76-5-109(2)(a);
(b) child kidnapping, Section 76-5-301.1;
(c) rape of a child, Section 76-5-402.1;
(d) object rape of a child, Section 76-5-402.3;
(e) sodomy on a child, Section 76-5-403.1; or
(f) sexual abuse or aggravated sexual abuse of a child, Section 76-5-404.1.

Aggravated murder is punishable by death, life in prison without the possibility of parole,
or an indeterminate prison term of not less than 25 years and that may be for life.

COUNT 2: CRIMINAL HOMICIDE, AGGRAVATED MURDER, a first degree felony,

in violation of Utah Code Ann 76-5-202, in that on or about September 8, 2015, in Utah
County, Defendant Christopher Richard Poulson did (1) intentionally or knowingly cause
the death of another under any of the following circumstances:
(a) the homicide was committed by a person who was confined in a jail or other
correctional institution;
(b) the homicide was committed incident to one act, scheme, course of conduct, or
criminal episode during which two or more persons were killed, or during which the actor
attempted to kill one or more persons in addition to the victim who was killed;
(c) the actor knowingly created a great risk of death to a person other than the victim and
the actor;
(d) the homicide was committed incident to an act, scheme, course of conduct, or
criminal episode during which the actor committed or attempted to commit aggravated
robbery, robbery, rape, rape of a child, object rape, object rape of a child, forcible
sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse of a child, aggravated
sexual abuse of a child, child abuse as defined in Subsection 76-5-109(2)(a), or
aggravated sexual assault, aggravated arson, arson, aggravated burglary, burglary,
aggravated kidnapping, or kidnapping, or child kidnapping;
(e) the homicide was committed incident to one act, scheme, course of conduct, or
criminal episode during which the actor committed the crime of abuse or desecration of a
dead human body as defined in Subsection 76-9-704(2)(e);
(f) the homicide was committed for the purpose of avoiding or preventing an arrest of the
defendant or another by a peace officer acting under color of legal authority or for the
purpose of effecting the defendant's or another's escape from lawful custody;
(g) the homicide was committed for pecuniary gain;
(h) the defendant committed, or engaged or employed another person to commit the
homicide pursuant to an agreement or contract for remuneration or the promise of
remuneration for commission of the homicide;
(i) the actor previously committed or was convicted of:
(i) aggravated murder, Section 76-5-202;
(ii) attempted aggravated murder, Section 76-5-202;
(iii) murder, Section 76-5-203;
(iv) attempted murder, Section 76-5-203; or
(v) an offense committed in another jurisdiction which if committed in this state would be
a violation of a crime listed in this Subsection (1)(i);
(j) the actor was previously convicted of:
(i) aggravated assault, Subsection 76-5-103(2);
(ii) mayhem, Section 76-5-105;
(iii) kidnapping, Section 76-5-301;
(iv) child kidnapping, Section 76-5-301.1;
(v) aggravated kidnapping, Section 76-5-302;
(vi) rape, Section 76-5-402;
(vii) rape of a child, Section 76-5-402.1;
(viii) object rape, Section 76-5-402.2;
(ix) object rape of a child, Section 76-5-402.3;
(x) forcible sodomy, Section 76-5-403;
(xi) sodomy on a child, Section 76-5-403.1;
(xii) aggravated sexual abuse of a child, Section 76-5-404.1;
(xiii) aggravated sexual assault, Section 76-5-405;
(xiv) aggravated arson, Section 76-6-103;
(xv) aggravated burglary, Section 76-6-203;
(xvi) aggravated robbery, Section 76-6-302;
(xvii) felony discharge of a firearm, Section 76-10-508.1; or
(xviii) an offense committed in another jurisdiction which if committed in this state
would be a violation of a crime listed in this Subsection (1)(j);
(k) the homicide was committed for the purpose of:
(i) preventing a witness from testifying;
(ii) preventing a person from providing evidence or participating in any legal proceedings
or official investigation;
(iii) retaliating against a person for testifying, providing evidence, or participating in any
legal proceedings or official investigation; or
(iv) disrupting or hindering any lawful governmental function or enforcement of laws;
(l) the victim was or had been a local, state, or federal public official, or a candidate for
public office, and the homicide was based on, was caused by, or was related to that
official position, act, capacity, or candidacy;
(m) the victim was or had been a peace officer, law enforcement officer, executive
officer, prosecuting officer, jailer, prison official, firefighter, judge or other court official,
juror, probation officer, or parole officer, and the victim was either on duty or the
homicide was based on, was caused by, or was related to that official position, and the
actor knew, or reasonably should have known, that the victim held or had held that
official position;
(n) the homicide was committed:
(i) by means of a destructive device, bomb, explosive, incendiary device, or similar
device which was planted, hidden, or concealed in any place, area, dwelling, building, or
structure, or was mailed or delivered;
(ii) by means of any weapon of mass destruction as defined in Section 76-10-401; or
(iii) to target a law enforcement officer as defined in Section 76-5-210;
(o) the homicide was committed during the act of unlawfully assuming control of any
aircraft, train, or other public conveyance by use of threats or force with intent to obtain
any valuable consideration for the release of the public conveyance or any passenger,
crew member, or any other person aboard, or to direct the route or movement of the
public conveyance or otherwise exert control over the public conveyance;
(p) the homicide was committed by means of the administration of a poison or of any
lethal substance or of any substance administered in a lethal amount, dosage, or quantity;
(q) the victim was a person held or otherwise detained as a shield, hostage, or for ransom;
(r) the homicide was committed in an especially heinous, atrocious, cruel, or
exceptionally depraved manner, any of which must be demonstrated by physical torture,
serious physical abuse, or serious bodily injury of the victim before death;
(s) the actor dismembered, mutilated, or disfigured the victim's body, whether before or
after death, in a manner demonstrating the actor's depravity of mind; or
(t) the victim was younger than 14 years of age; or
(2) with reckless indifference to human life, cause the death of another incident to an act,
scheme, course of conduct, or criminal episode during which the actor was a major
participant in the commission or attempted commission of:
(a) child abuse, Subsection 76-5-109(2)(a);
(b) child kidnapping, Section 76-5-301.1;
(c) rape of a child, Section 76-5-402.1;
(d) object rape of a child, Section 76-5-402.3;
(e) sodomy on a child, Section 76-5-403.1; or
(f) sexual abuse or aggravated sexual abuse of a child, Section 76-5-404.1.

Aggravated murder is punishable by death, life in prison without the possibility of parole,
or an indeterminate prison term of not less than 25 years and that may be for life.

COUNT 3: OBSTRUCTING JUSTICE, a second degree felony, in violation of Utah

Code Ann 76-8-306(1), in that between September 8, 2015, and August 24, 2017, in Utah
County or other parts of the State of Utah, Defendant Richard Poulson did, with intent to
hinder, delay, or prevent the investigation, apprehension, prosecution, conviction, or
punishment of any person regarding conduct that constituted a criminal offense,
(1)(a) provide any person with a weapon;
(b) prevent by force, intimidation, or deception, any person from performing any act that
might aid in the discovery, apprehension, prosecution, conviction, or punishment of any
person;
(c) alter, destroy, conceal, or remove any item or other thing;
(d) make, present, or use any item or thing known by the actor to be false;
(e) harbor or conceal a person;
(f) provide a person with transportation, disguise, or other means of avoiding discovery
or apprehension;
(g) warn any person of impending discovery or apprehension;
(h) warn any person of an order authorizing the interception of wire communications or
of a pending application for an order authorizing the interception of wire
communications;
(i) conceal information that was not privileged and that concerned the offense, after a
judge or magistrate had ordered the actor to provide the information; or
 (j) provide false information regarding a suspect, a witness, the conduct constituting an
offense, or any other material aspect of the investigation; and
(2) the conduct which constituted a criminal offense would be a capital felony or first
degree felony.

PROBABLE CAUSE STATEMENT: Nicolas G Thomas of the Orem Police

Department, having probable cause to believe that the defendant committed the above-
listed offenses, submitted the following evidence in support of the filing of this
Information:

On September 8, 2015, Defendant was living with his girlfriend Emily Almiron and her
son three-year-old Gabriel Almiron in Orem, Utah.

Geolocation data extracted from Defendants phone shows that he was at he and Emilys
apartment on the night of September 8, 2015.

During the morning hours of September 9th, 2015, Defendants phone travels to the area
of Wolverine Crossing in Orem by some dumpsters, then back to his apartment. The
phone then travels to Black Horse Run in Orem by another dumpster. Defendants phone
then travels to Springville, UT, to Walmart. At Walmart, Defendant purchases a shovel,
work gloves, an energy drink, and cigarettes at 10:44am. Around the time of this
purchase, Defendant turned off his phone for 3 hours; when Defendant turns his phone
back on it is located in the more rural area of Payson, Utah.

On September 10th, 2015, Defendant used his debit card at Walmart in Lindon to
purchase heavy neoprene gloves and bedsheets.

Geolocation information from Defendants phone shows that on the night of September
10th, 2015, Defendants phone was in the area of the Provo Inn, where an associate of
Defendant, Victor Seinze, was staying. The phone then travels to Walmart in Orem, and
then back to Defendants apartment. Victor Seinze (who has since been interviewed)
remembered an occasion that Defendant came to Victors hotel room in Provo, which
took place on September 10, 2015, based on Defendants geolocation data. Defendant
was driving Emilys vehicle (a red Toyota Prius). Victor remembers Defendant was in
Emilys Prius because his brother-in-law had never driven an electric car so Defendant
allowed him drive it. Victor said they went from his apartment at the Provo Inn to
Walmart in Orem to get brownie mix to make marijuana brownies and then went back to
Defendants apartment in Orem, consistent with the geolocation data for September 10,
2015. Victor also remembered that Defendant was sick during the drive and threw up.

On September 11th, 2015, at 5:38am Defendant googled or electronically searched on

his phone for 1275 East Red Hills Parkway, St. George, UT, which is the address of a St.
George Shuttle service. The geolocation records for the phones of Emily and Defendant
show that both Emilys and Defendants phones were in St. George on September 11th,
2015. Geolocation data also shows that Emilys phone was in the area of an apartment
complex located at 277 South 1000 East, St. George, Utah. After this, both phones travel
back north toward Orem, eventually arriving in Orem late on the 11th of September,
2015. During this same time, Defendants cell phone receives phone calls and the tower
locations that showed his phone was also in St. George. Ongoing cell tower location data
shows Defendants phone traveling North on I-15 in the Fillmore, Utah, area on the
evening of September 11th, 2015, and shows Defendants phone arrived at the Orem
Trax Station at 10:15pm hours and returning to his apartment at 10:50pm on that same
day. Continuing searches of these devices showed several text messages with various
people and Defendant on his phone in which he is talking about his intent to break up
with Emily. No searches or text messages about moving, new jobs, leaving town, or
relating to travel were found or made on Emilys phone.

Also, on Friday September 11th, 2015, at 6:15pm a male named Chris Olsen had booked
a ticket for a passenger named Richard Olsen, using Defendants confirmed phone
number. Law enforcement learned that Defendants middle name is Richard and
immediately recognized that his last name (Poulsen) is close to and sounds like Olsen.
While the shuttle requires ID for persons to get on the shuttle, the driver said that if the
person had ID that was close to Richard Olsen, Like Christopher Richard Olsen, that he
would have let that person on the shuttle. This particular St. George shuttle dropped the
passenger Richard Olsen off at the Trax Station in Orem near Defendants apartment
during the late evening hours of Friday September 11th, 2015, consistent with
Defendants phone showing him arriving at the Trax station, and later at his apartment.

On Saturday, September 12th, 2015, Fabian Almiron reported that his ex-wife, Emily
Almiron, and three-year-old son, Gabriel Almiron, were missing, and that he was
supposed to meet up with Emily for a child custody exchange and she never arrived and
would not answer phone calls or messages. Fabian told law enforcement he talked to
Defendant, whom Emily was dating and living with at this time, and Defendant told
Fabian he and Emily had broken up on the night of Tuesday September 8th, 2015, and
she had left that night with Gabriel in her red Toyota Prius.

Law enforcement sought and received an emergency phone ping on Emilys phone which
showed the last activity on her phone was on September 12th, 2015 in the area of 1090
North State Street, Orem, UT.

Emilys mother said she had not heard from Emily in person for a few days, but that she
had exchanged text messages with her phone on Thursday September 10th, 2015. The
text messages were about Emily not needing help with child care that night. None of the
text messages spoke about any breakup with Defendant or that Emily was moving or
leaving town even temporarily.
Multiple family members living in California and Nevada were contacted by law
enforcement and none of these had seen or heard from Emily since before the evening of
Tuesday September 8, 2015.
Law enforcement contacted employees and friends at Carabbas (where Emily was
employed) and none of these people had seen or heard form Emily since before the
evening of Tuesday September 8, 2015. Emily also missed a shift on September 10th,
2015, which was completely out of character for her.

Law enforcement also met with persons at the Utah College of Massage Therapy, where
Emily was going to school, and learned she had not attended to school since Tuesday
September 8, 2015. Law enforcement learned that Emily was enrolled in a yearlong
program, which cost $13,000 for enrollment, and Emily was just a few weeks from
graduation. Law enforcement was told that if Emily missed more than 5 days of class she
would have to retake the program.

Law enforcement sought bank records, and when Emilys accounts were checked they
learned that the last transaction made from her account was on September 8th, 2015, at
McDonalds in Orem. There were no debits, credits, deposits, or other transactions
relating to her account after this date.

A search warrant with google showed that Emily searched the internet frequently and
daily from her phone until September 8th, 2015, when there were no more searches until
a search was done on her phone for the St. George Shuttle on September 11th, 2015 at
11:42am, but this was the last and only internet search on Emilys phone after September
8th, 2015.

Soon after Emily was reported as missing law enforcement contacted Defendant who
claimed he broke up with Emily because he found some of her drug paraphernalia in their
apartment and could not tolerate that. Defendant stated that Emily returned on the
morning of Friday September 11th, 2015, to get the rest of her things. When Defendants
phone was forensically examined by law enforcement they discovered (through reading
conversations via text message) that Defendant was in fact using and selling illicit
narcotics, despite his claim that he had broken up with Emily based on finding drug
paraphernalia in their apartment.

Defendant went on to tell law enforcement that Emily seemed fine and when she initially
left on September 8th, 2015, said she would be back in a few days to get the rest of her
things. Defendant told investigators Emily took her vehicle when she left on September
8th, 2015, so he should not have had access to or be driving it after this date when he
picked up Victor Seinze and went to Walmart prior to returning to his house to make
marijuana brownies. When asked where Emily might be, Defendant stated Emily would
have likely gone and stayed with her best friend Sarah Castleberry.
Based on this, Sarah was contacted by law enforcement and she said Emily had not been
staying with her. She did say she had received a text message from Emilys phone on
September 11th, 2015, at 2:45pm and the text said Emily had broken up with Defendant
and that she was going out of town for a few days. Sarah remarked that this text was odd,
and that she would have expected Emily to speak with her rather than just text her,
especially if she was leaving town.

Dylan Moffit moved into Defendants apartment soon after Emily went missing. Dylan
Moffitt was later interviewed at the FBI office in Detroit, Michigan. Dylan said he was
staying on the couch at the time Defendant and Emily broke up, but he was not
completely in the apartment until after she went missing. Dylan remembered a hammer
went missing around the time Emily disappeared. He also said he remembers talking to
Defendant about Fabian being hopeful Emily and Gabriel would return and Defendant
made the statement they were not coming back and would no longer talk about it with
him. Dylan also said Defendants drug use increased after the disappearance. Dylan also
said when he officially moved in to the apartment Emilys makeup was still in the
bathroom and her computer was there. Dylan noticed the computer missing a few days
after he moved in. Dylan asked Defendant where the computer went and he said Emily
had stopped by to get it. Dylan said he was only gone for 2 hours that day and thought it
odd Emily came over during that time and he did not see her. Defendant recorded a video
on his phone of he and Dylan Moffit; the video showed a rug doctor in the apartment a
few days after Emilys disappearance. The video was of Emilys dog, Titan, and
Defendant and Dylan were making fun of it for following Dylan around. Law
enforcement later found a charge for a Rug Doctor carpet cleaner in Defendants
financial documents for rental of said machine on September 16th, 2015.

Around the time of Emilys and Gabriels disappearance, Defendant owned and drove a
silver Mustang, which he neglected to tell police about, instead stating that Emily drove
him around in her red Toyota Prius. Defendant sold this Mustang soon after Emily and
Gabriel could not be found. The person who bought the vehicle from Defendant was
contacted and said he purchased the vehicle from a male on October 13th, 2015, for
$1200. He said the vehicle was listed for $1400, which was already a low price, and the
seller brought the vehicle to him at his home. The purchaser offered $1200 and the male
said he would take it. The male then asked for a ride home. The detectives asked the
purchaser to take them to where he had dropped off the seller and he drove them to the
area of Defendant and Emilys apartment. The purchaser was also asked to look at a
lineup and he picked Defendant out as the seller of the Mustang who had sold it to him
for the low price of $1,200. The purchaser also gave text messages he exchanged with
Defendant about the vehicle and the phone number in the texts belonged and belongs to
Defendant. The vehicle was later sold, but found by law enforcement who processed it
and suspicious fluids were located in the trunk area. Samples were taken to be tested. A
K9 cadaver dog was also brought to the car. The K9 indicated on the trunk area three
separate times, the third time jumping into the trunk and sitting with one leg hanging out.
On September 23rd, 2015, Defendant was interviewed over the phone. Defendant again
said he found drug paraphernalia in their apartment on September 8th, 2015, and stated it
was the fourth time he had found paraphernalia, and that he broke up with Emily that
night because of the paraphernalia and that she left the apartment with Gabriel in her
vehicle. Defendant said Emily returned on September 11th, 2015, at 10:30am to collect
her belongings, presumably in her same vehicle. Victor Seinze, a drug dealer found from
both Emily and Defendants text messages, was interviewed in the Utah County Jail.
Victor admitted to selling Marijuana to both Emily and Defendant and had met
Defendant through Emily. Victor said he knew Emily from before she dated Defendant.
Victor said he only sold Emily Marijuana but sold Defendant Meth approximately 5
times. Victor did not think Emily used Meth and stated that she had never asked him for
Meth. Victor had also witnessed Defendant using Meth. Defendant had also talked with
Victor about going to California with him and buying a quantity of Meth to sell.
Defendant also talked to Victor about going to Las Vegas to sell a car and riding the
Greyhound Bus back. Seinze stated that this conversation with Defendant took place
around the time Emily went missing. Victor also said he went to a party at Defendants
apartment soon after Emily disappeared and Defendant showed Victor a gun. Defendant
asked Victor about scratching off the serial number and if it could be traced by Police.

Later on September 23rd, 2015, Defendant was contacted at Utah Valley University and
interviewed. Defendant said he was nervous about the situation because Emily was
usually responsible. Defendant was asked about Emilys financial situation and he said
he had given her $400 cash for rent when she left and said he did not know about any
other cash she would have had when she left. Defendant later stated in text message to
non-law enforcement that he had given Emily $600 for rent and furniture, which differed
from specific questions law enforcement had previously asked him.

On September 24th, 2015, detectives met Defendant at his apartment and did a
walkthrough of the apartment. There were still things which belonged to Emily and
Gabriel in the home including a guitar, amplifier, massage table, shoes for women and
children, and toys. Defendant was again asked about money, and specifically whether he
had paid Emily money for furniture in the apartment and he said he did not give her any
money for furniture. He said he gave Emily rent money and that she always had a few
hundred dollars in cash on her from work. Defendant told detectives the only thing he
knew about Emily leaving was he had received a text from her saying she was going to
get out of town. Defendant also stated that he was suspicious that Emilys ex-boyfriend
(Collins), a meth user, could be involved in her disappearance.

Detectives later contacted Collins, Emilys ex-boyfriend, and talked to him about Emily
and her disappearance. Collins said he had not talked to Emily since July of 2015.

On September 24th, 2015. Fabian (Emilys ex-husband) spoke with police, and stated
that he and a friend named Clark confronted Defendant at UVU about Emilys and
Gabriels disappearance. Defendant told them the reason they had broken up was because
of drug use and finding paraphernalia in the apartment. Defendant also told Fabian that
he had given Emily $400 for rent and $400 for furniture.

Soon after this, Detectives learned that Defendant had pawned Emilys guitar and
amplifier on October 1st, 2015, at a pawnshop in Orem, UT. Based on this, Defendant
was interviewed again on October 8th, 2015, at the Orem Police Station. Defendant gave
the same story of the reason for the break up due to drug use and said he did not want
drug use around him, but later admitted to smoking Marijuana. Defendant again said he
had only given Emily $400 for rent, never saying anything about money for furniture.
Defendant was also asked if all of Emilys things were still in the apartment and he said
they were. Defendant was confronted about selling Emilys guitar and amp and he
admitted he had sold those items.

On April 20th, 2016, Emilys red Toyota Prius was located behind some apartments at
277 South 1000 East, St. George, Utah; a location that is within walking distance of the
St. George Shuttle Defendant purchased a ticket for and took back to Orem on September
11th, 2015. A warrant for the vehicle was written and the vehicle was processed by the
FBI Evidence Recovery Team. There was clothing in white garbage bags, a car seat, a
Samsung tablet, the keys to the vehicle and other personal items. The items were
packaged and sent to be tested at the FBI lab. The vehicle had been left in a state (with
the windows partially down and keys inside) that it could be easily stolen. The items in
the car looked like they had been packed quickly, one bag s contents looked like a dirty
clothes hamper had been dumped in the bag. The car seat, which would have been
required to transport 3-year-old Gabriel elsewhere, along with his tablet were left in the
car. The FBI Lab later found one of the plastic bags had finger prints on it belonging to
Defendant. Only 1 bag had verifiable finger prints on it, and those (7) prints belonged to
Defendant. No other forensic evidence was found in the car.

On April 25th, 2016, investigators and the FBI Evidence Team went to Defendants and
Emilys apartment and looked around using an Alternate Light Source. Some suspicious
spots were found on the carpet and samples were taken of those spots.

On August 22nd, 2017, FBI Agents contacted Defendant by phone and asked to talk to
him about the case developments while they were in Logan where Defendant was living.
Defendant first said he was too busy but would call them back to set up a time.
Defendant never called back. The next day Defendant set up a time, after work, for him
to come and talk to them but once again he failed to show up and turned off his phone.

On August 24th, 2017 the Agents went to Chuck-A-Rama in Logan where Defendant was
working and he consented to an interview. He was interviewed in a hotel conference
room. Defendant was given his Miranda Rights and he agreed to talk to the Agents.
The Agents asked him about the use of Emily and his phones during that time, and
specifically whether either of them allowed others to use their phones or if they had lost
their phones. Defendant said they did not allow others to take their phones and neither
had lost a phone. They then asked Defendant about the day Emily packed up her things
and left and asked what she had packed her things in and he said a suitcase, another
container, and white garbage bags. Defendant was then told the vehicle had been located
in St. George and shown pictures of the stuff in the vehicle. He was then told about
phone and GPS location data that had been recovered putting his and Emilys phones in
the area of the vehicle at the same time and then traveling back to Orem. Defendant could
not offer any explanation as to why his phone would be there with Emilys and only said
he didnt think he could help and said he wanted to leave. The Agents said he was free to
leave but there was more information they wanted to get his perspective on. Defendant
listened to more of the evidence your outlined above and all he said was he could not
help. Defendant left the hotel and walked to a tree and lay under it for about 15 minutes
before walking to the bus.

An interview was conducted with another of Defendants friends, Kathryn Nanto, by FBI
Agents. She said she and Defendant had been coworkers and were friends. She told the
Agents a story from November or December of 2016 where she, a friend named
Madeline, and another female were communicating over a group text message. Kathryn
and Madeline were at Applebees with Defendant and the other friend said something on
the text about hearing Defendant had killed someone. Madeline asked Defendant if he
had killed his ex (Emily) and Defendant said it was all a misunderstanding and he had
worked with the Police. Defendant also said he had talked to Emily a few months before
and she was in California. On September 13th, 2017, a follow up interview with Kathryn
Nanto was done to confirm the conversation she had with Defendant in November or
December of 2016. She again confirmed Madelyn had confronted Defendant about
killing Emily. Defendant again told her Emily was fine and he had talked to her in 2016
and she was living in California. Also during the conversation Kathryn said Defendant
told her he was living in Hawaii.

Within a few days of interviewing Defendant on August 24th, 2017, and while
monitoring the Defendants phone location, law enforcement saw that he had in fact gone
to Hawaii and appears to be residing there.

In sum, Emilys use of her phone for internet searches ended abruptly on the evening of
Tuesday September 8th, 2015, except when Defendant used it briefly on September 10th
& 11th, 2015. From that time on, neither she nor Gabriel have been seen by any of
Emilys family or friends or any other known person outside of claims by Defendant that
he saw her on the morning September 11th, 2015, and that he communicated with her
more recently and that she was fine and in California. Since that same time, Emily did not
attend school again, despite being near the end of completing a program that cost her
$13,000, and a program that would not allow her to graduate if she had multiple
absences. Emily missed work on September 10th, 2015, which was extremely
uncharacteristic for her, and never went back to work or checked in on her pay or
anything else at Carrabas after September 8th, 2015. Emilys bank card went silent after
September 8th, 2015, and no purchases, deposits, or withdrawals or debits have been
made since, despite claims by Defendant that he gave Emily varying amounts of cash.
The day following Emilys and Gabriels disappearance, Defendant purchased a shovel,
work gloves, and turned off his phone immediately afterward, and then turned it back on
3 hours later in the more rural area of Payson, Utah. Soon after this, Defendant purchased
other gloves and bed sheets prior to his trip to St. George where Emilys vehicle was
found abandoned, and where the plastic bags containing some of their belongings were
contained. Emilys and Gabriels other belongings remained in the apartment including
their shoes, toys, and Emilys makeup and guitar and amplifier. Emilys car was
abandoned in St. George in a condition to be easily stolen and without any sign that she
took her belongings out of the car with her, including Gabriels car seat which would be
necessary to transport him elsewhere. The only fingerprints found on the white bags that
contained some of Emilys and Gabriels packed possessions belonged to Defendant.
Defendant and Emilys phone were used to search for a Shuttle service and addresses in
St. George, and the geolocation data shows these same phones going to St. George and
back toward Orem, Utah on September 11th, 2015. Defendants middle name and phone
number were associated with a shuttle ticket from St. George consistent with this
geolocation data. Defendant pawned Emilys guitar and amplifier as if he had knowledge
that Emily would not be returning to get it, and even stated to Dylan Moffit that Emily
was not coming back. Defendant was also seen in and using Emilys car after September
8, 2015, (presumably on September 10th, 2015) despite saying she had left in the car on
the 8th of September, 2015, and only came back for a short time on September 11th,
2015. Around this same time, Defendant owned another vehicle, which he later sold
below market value and after being given an even lower offer; a vehicle that showed the
potential presence of forensic evidence in the trunk area relating to human remains, based
on the indications of a cadaver dog. Soon after being confronted with all of this evidence,
Defendant offered no explanations for his clear involvement and almost immediately
moved to Hawaii.

The complete disappearance of Emily and Gabriel and their abandonment of all their
property, coupled with Defendants actions and obstructions and lies to police, show that
Defendant murdered Emily and three-year-old Gabriel in the same criminal episode, and
then wrapped them in sheets to move their bodies and then buried or otherwise disposed
of and concealed their bodies. Defendant later packed some of their things and drove
Emilys red Toyota Prius to St. George and abandoned it in an attempt to deflect
suspicion regarding their disappearance from himself.

Based upon evidence received from Nicolas G Thomas of the Orem Police Department, I
have reason to believe the defendant committed the offenses as charged herein.
Authorized for presentment and filing this 23rd day of October, 2017.

UTAH COUNTY ATTORNEYS OFFICE

Sworn to by:

/s/ Sam Pead

Sam Pead
Deputy Utah County Attorney