SIM GILL, Bar No.

6389
District Attorney for Salt Lake County
JEFFREY W. HALL, Bar No. 7870
ANDREW K. DEESING, Bar No. 12490
Deputy District Attorneys
35 East 500 South
Salt Lake City, Utah 84111
Telephone: (385) 468-7600

IN THE THIRD DISTRICT COURT, SALT LAKE DEPARTMENT

IN AND FOR THE COUNTY OF SALT LAKE, STATE OF UTAH

THE STATE OF UTAH, Screened by: JEFFREY W. HALL

Assigned to: JEFFREY W. HALL and
Plaintiff, ANDREW K. DEESING

vs.
INFORMATION
ANDREW REED O'GWIN,
DOB: 09/16/1979,
2319 East 1580 South SUMMONS TO BE ISSUED
American Fork, UT 84660
D.L.# Warrant/Release: NOT BOOKED
OTN
SO# Case No.
Booking#
DA Case No. 18004240
Defendant.

The undersigned Lieutenant M. Knighton with the Salt Lake County District Attorney's
Office Investigation Division, in reference to agency case no. 17-583, upon a written declaration
states on information and belief that the defendant, ANDREW REED O'GWIN, committed the
crime of:

COUNT1
AGGRAVATED ASSAULT, 76-5-103(3) UCA, Second Degree Felony, as follows: That on or
about May 13, 2017 at 4500 South Main Street, in Salt Lake County, State of Utah, the
defendant attempted, with unlawful force or violence, to do bodily injury to another; or
threatened, accompanied by a show of immediate force or violence, to do bodily injury to
another; or committed an act, with unlawful force or violence, that caused bodily injury to
another or created a substantial risk of bodily injury to another; and used a dangerous weapon as
defined in Utah Code Section 76-1-601; or other means or force likely to produce death or
serious bodily injury; that resulted in serious bodily injury.
THIS INFORMATION IS BASED ON EVIDENCE OBTAINED FROM THE FOLLOWING
WITNESSES:

M. Knighton, A. Arellano, J. Gomez, J. Harry, K. Mendez, T. Mitchell, P. Mount, V.

Ramirez, J. Spangenberg, N. Summerhays.

DECLARATION OF PROBABLE CAUSE:

Your declarant bases this information upon the following:

On May 13, 2017, in Salt Lake County, State of Utah, Adult Probation and Parole Agent
Andrew O'Gwin, the Defendant in the above captioned matter, fired his handgun five times at
Joe Alvin Gomez while Gomez was outside O'Gwin's vehicle. Gomez returned to the vehicle in
which he was traveling and the car sped off. O'Gwin broadcast on his police radio: "shots
fired," and gave his location. O'Gwin also broadcast the suspect vehicle's direction of travel and
said he, O'Gwin, was ok. After a few more seconds, O'Gwin radioed: " .. .I was waiting at the
red light to tum left on Main Street, individual hopped out of the vehicle, threw something at my
window, [committed] to get back up, and he hit my vehicle again, I drew my weapon ... shot."

On May 18, 2017, investigators interviewed O'Gwin with his attorney present. O'Gwin
said that, as an AP &P agent, he was assigned to supervise gang member parolees and was
assigned to supervise Joe Alvin Gomez who had recently been released from the Utah State
Prison on parole. O'Gwin stated he had only met Mr. Gomez once in an AP&P office when he
was paroled in April of 2017.

O'Gwin said on May 12, 2017, as part of his regular AP&P duties, he went to the address
Gomez listed as his residence to do a residence check. 0' Gwin said he talked to people at the
residence, but Gomez was not there. He told the people at the residence that he needed to speak
to Gomez soon. Later in the afternoon, Gomez called 0' Gwin on the phone. According to
O'Gwin, they had a brief, pleasant, and otherwise ordinary conversation about Gomez's
residence and O'Gwin reminded Gomez of an upcoming appointment with him.

O'Gwin said that later that evening, he was driving his unmarked police car eastbound on
4500 South towards Main Street. He stopped at the intersection of 4500 South and Main Street.
O'Gwin said he believed he was at the red light "kind of zoning out" for about one minute in the
outside left hand tum lane before another car arrived.

O'Gwin said a car approached from behind at a high rate of speed and pulled into the
inside left tum lane at the intersection. The car stopped next to or near O'Gwin. O'Gwin said
the car' s front seat passenger, later identified as Joe Alvin Gomez, got out of the car and started
yelling. O'Gwin said Gomez ' s hands were moving around and making "furtive movements."
 According to O' Gwin, Gomez came around the front of his police vehicle and punched
O'Gwin's driver's side window with significant force and energy. O'Gwin said Gomez struck
his police car driver's side window as "hard as he could" with an "object" in his hand. O'Gwin
said Gomez did this three times. O' Gwin said that after Gomez punched the car window the
third time, 0' Gwin fired his gun at Gomez.

O'Gwin told investigators that he fired his weapon because he was "in fear for [his] life."
O'Gwin said he believed Gomez was trying to "end me," or "take my life." O'Gwin said he
believed Mr. Gomez was not going to stop hitting the window until Gomez got inside the car.
O'Gwih said the events unfolded very quickly. O'Gwin said there was no pause or delay in the
action. O'Gwin said: "By the time the third hit happened, I just remembered I was pulling my
trigger."

0' Gwin said after he fired his weapon, Gomez fell to the ground and said something that
O'Gwin didn't understand. O'Gwin said he saw Mr. Gomez crawl back to the other car and get
in; O'Gwin said he saw the other car drive away. O'Gwin said he did not pursue the car because
he was still trying to process what had just happened.

On May 22, 2017, after waiting for an opportunity to speak with him, investigators met
Joe Alvin Gomez at Intermountain Medical Center hospital. Mr. Gomez said he was sedated and
asked investigators to return in a few days.

On June 12, 2017, investigators met Gomez again, this time at the Utah State Prison. He
said on the date of the incident, he and his friend drove southbound on I-15 and exited the
freeway at 4500 South. They pulled up to a red light at Main Street and stopped in the left tum
lane. Gomez said there was another car stopped to his right, also waiting at the red light to tum
left onto Main Street.

Gomez said he was smoking a cigarette in the car. Gomez said he threw it out the car
window and as he did this, the cigarette's "cherry" landed on his lap and started to bum him.
Gomez said he opened the passenger door to get the "cherry" off his lap. Gomez said he came
out of the car kind of "crazy" and was yelling because the cigarette was burning him.

Gomez said the other car's window was shut; Gomez denied ever having a conversation
with the driver of the car next to him. Gomez denied he "confronted" the other driver. Gomez
said he was brushing off his pants while he was next to the other car. Gomez said that while he
was brushing off his pants, he was shot. Gomez said he was shot three times by O'Gwin;
medical personnel performed surgery on Gomez for three gunshot wounds to the torso and
abdomen.

Gomez said he didn't know the other car stopped at the red light at Main Street was a
police car or that the occupant was his parole officer, O'Gwin. Gomez denied having a gun or
any other weapon during the incident. Gomez denied confronting 0 ' Gwin, or touching or
throwing anything at O' Gwin' s car.
 Gomez said he had no problems with O'Gwin and that he was not angry that O'Gwin
visited his residence earlier that day.

Investigators interviewed Nicholas Summerhays who said that on May 13, 2017, he and
Jessica Harry were driving east on 4500 South in Murray, Utah. Summerhays said as he
approached the intersection of 4500 South and Main Street, he saw two vehicles stopped at a red
light: a Volkswagen Passat and a Chevrolet Malibu. Summerhays said the cars were next to each
other and both vehicles appeared to be waiting to tum left onto Main Street and travel
northbound.

Summerhays said he saw a man get out of the front passenger seat of the Passat and
approach the Malibu driver's window. Summerhays said the man was posturing, had a "gangster
strut," and looked like the man wanted to have "words with" the Malibu driver as he moved
quickly to the Malibu.

Summerhays said he did not see anything in the man's hands and described the man
raising his hands as though the man was saying: "What's up; what do you wanna do?''
Summerhays said the man did not touch the Malibu prior to being shot. Summerhays said after
the man raised his arms, Summerhays saw spray come from the Malibu's driver's side window at
the man and saw the man fall down. Summerhays said the man was bleeding as he got back into
the Passat which quickly drove away.

Investigators also interviewed Jessica Harry who said that she and Mr. Summerhays were
driving east on 4500 South in Murray, Utah on May 13, 2017. Harry said they pulled up to a red
light behind a Volkswagen Passat that was stopped next to another car at an intersection. Harry
said she saw the Passat's passenger side front door open and a man get out of the Passat and go
to the other car's front driver side window.

Harry said she thought the situation would result in a fight. Harry said she looked down
and when she looked up, she saw gunshots fired from inside the car through the car window at
the man. After the man was shot, she saw him fall to the ground next to the car. Harry said she
saw the man on the ground kicking the car door as the Malibu driver opened the car door and
tried to get out. Harry said she did not see the man ever touch the Malibu prior to being shot.

Investigators processed O'Gwin's vehicle. Investigators observed and photographed

O'Gwin's driver's side window. It appeared that O'Gwin fired through the closed window, as
the window was still intact following the shooting and during the investigation. Investigators did
not find evidence of damage to O'Gwin's vehicle or window other than damage to the window
caused by the shots fired through it.
 Investigators reviewed records from medical professionals who treated Gomez in the
hospital. Dr. Chardack's notes reflect his examination of Gomez's hands and that he found no
injuries to Gomez ' s hands.

Pursuant to Utah Code Annotated § 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: LjIV I r

M. Knighton
Declarant
 OTHER PENDING CASES FOR THE DEFENDANT

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