Utah Department of Public Safety Independent Investigation of Allegations of Misconduct by UUPD Officers Executive Summary Allegations: In May of 2020, The Salt Lake Tribune published a story regarding the University of Utah Police Department (UUPD), alleging that one of its former officers was involved in downloading, sharing, and bragging about having explicit photos of Lauren McCluskey, the victim of a highly publicized homicide in 2018. The article alleges that former UUPD Officer Miguel Deras saved the images of Lauren McCluskey to his cell phone. However, this investigation did not find any physical evidence to suggest that Officer Deras ever downloaded the pictures in question to his phone. Also, there is no evidenee that Officer Deras forwarded the images in question to anyone other than to Detective Kayla Dallof (who was the detective assigned to this case), and to the records officer/executive sic August 16, 2019), who was processing the GRAMA requests related to this case on behalf of UUPD. Independent Administrative Investigation: At the request of the University's Chief of Police (Chief Rodney Chatman), the Office of Professional Standards (IA) for the Utah Department of Public Safety (DPS) conducted an independent administrative investigation regarding these allegations, During this independent administrative investigation, DPS IA investigators interviewed 20 current officers and employees, and 17 former employees. All interviews conducted with current UUPD officers ‘were conducted under Garrity. Only two individuals DPS IA attempted to contact were not interviewe: onc of which was Officer Deras. Due to the faet that Officer Deras is no longer a UUPD employee, this investigation did not have the authority to compel him to submit to an interview. The second individual who declined to be interviewed was a non-sworn UUPD employee at the time of the McCluskey Investigation, but is no longer employed there: this person was also under no obligation to respond to requests to be interviewed. Additionally, DPS IA scheduled appointments to interview any current police department employee wanting to speak to investigators confidentially about this matter. ‘This investigation determined that on October 13, 2018, Lauren McCluskey emailed copies of explicit images, which were part of an extortion case, to UUPD Officer Miguel Deras” work email address. Officer Deras then forwarded the same photos to the Detectives Division (Detective Kayla Dallof) within the same hour that he received them from Lauren McCluskey. On October 13, 2018, UUPD cr I was with Officer Deras when Lauren McCluskey reported the extortion incident to the UUPD, also saw the images. After Lauren McCluskey left the police department, Officer Deras showed the photos to Ofice, ll the Officer in Charge (OIC), and asked [for supervisory guidance regarding the elements of the crime of extortion as wellas how to handle the pictures, specifically, how to attach them, or even if he should attach them to his police report On October 15, 2018, Officer Deras showed the images to a Sergeant (reportedly to Set ; juring a shift-briefing. Deras again asked for guidance on how to proceed with handling the pictures. Officer —: Officer said they were in this shift-briefing when Deras showed Sgt pictures. Sgt Jdcnies being there or that Officer Deras asked him for his advice on how to handle the digital evidenee. Although the date cannot be confirmed, at some point after the afore-mentioned briefing, Officer Deras showed the images to three officers (who had already seen the photos). The officers who are believed to have been ther when this happened oe Ofc} <- ah told DPS IA they remember this —_ the hallway outside of the conference room where bricfings take place. Officers| remember hearing some unprofessional comments being made when the pictures were displayed. Officer [lenis having any knowledge about this event. Garrity Interview of Officer Miguel Dera: On September 16, 2019, Officer Deras left employment with UUPD and began working for the Logan Police Department. On May 18, 2020, after The Tribune published their story, IA investigators from Logan PD interviewed Officer Deras under Garrity about these allegations. During the Garrity interview, Officer Deras explained which officers saw the photos on the day that Lauren McCluskey emailed the pictures to him. He also explained the circumstances surrounding when he showed the images to Sgt.. a. asking for help regarding how to handle the digital evidence. Officer Deras did not tel Lo; whether he showed the images in a setting outside of the afore-mentioned shift-briefing. DPS IA investigators attempted to contact Officer Deras and interview him. Ultimately, Officer Deras was not interviewed as part of this investigation. Download of Officer Deras’ Phone: As reported by The Tribune and later confirmed by the University of Utah Police Department, on August 15,2019, the West Valley Police Department (at the request of UUPD) conducted a download of Officer Deras' phone. The download in question occurred months before The Tribune raised allegations of downloading and sharing Lauren MeCluskey's pictures. UUPD copied Deras' cell phone to try to answer questions about the number of phone calls and length of calls that occurred between Officer Deras and Lauren McCluskey, between when she reported the extortion incident and her murder. DPS 1A eventually searched a copy of the download but did not find any of the explicit photos in question on his phone. Allegations of Boasting: ‘The Tribune reported that Officer Deras boasted about having explicit images of Lauren McCluskey. During this investigation, Officer reported hearing Deras say, "He could look at them whenever he wanted." Officer said he remembers Officer Deras making this statement outside of the previously-reported briefing. Officers EEE oth confirmed hearing a couple of unprofessional or crass comments made by those who were there, Officer ililadts that he made a crass comment, and said the other two officers made similarly improper comments. Officer aid he could have said something off-color but doesn’t remember anything specific. Officer| fsaid heremembers hearing other officers making some unprofessional remarks but doesn't remember anything specific, or who said what. IA Investigation by UUPD: In the fall of 2019, UUPD received a GRAMA request regarding the download of Officer Deras' phone. In December of 2019, UUPD Lt. Brian Wahlin began an IA investigation to answer the GRAMA_ request. The GRAMA request did not include specific allegations of officer misconduct and was not, handled by Lt. Wahlin with that end in mind, However, during his investigation, Lt. Wahlin learned that Deras showed at least one image to Officer [EEE during a shift-briefing (possibly held on October 15, 2018). In May of 2020, during this investigation, it was leamed that one a ‘was also in this briefing and also saw the images. In February of 2020, Lt. Wahlin conducted follow-up interviews as part of his IA investigation and it ‘was at this time he discovered that Officer [Ell§had witnessed the photos while acting as the OIC on October 13, 2018. When interviewed about this, Officer fold Wahlin it was for business purposes only. Lt. Wahlin did not interview Officer Deras or any other former UPD officers who were potential witnesses to these events, Ultimately, Lt. Wahlin completed his investigation and verbally reported the results of his investigation up the chain of command, but did not physically give his report to the Acting Chief of Police Rick MeLenon to review it. Acting Chief Rick McLenon said Lt. Wahlin told him there fas “nothing there". Acting Chief MeLenon, in turn, reported those same findings to Robert Payne of the Office of General Counsel for the University. ‘On May 29, 2020, MeLenon told investigators he didn't read the IA report until after The Tribune published their article on May 17. In hindsight, he said it became apparent that the initial investigation had fallen short of answering the eventual allegations raised by The Tribune. Conclusions: In conclusion, the following details of this investigation can be confirmed: On Saturday, October 13, 2020, Lauren McCluskey contacted UUPD to report Melvin Rowland (as later confirmed) was extorting her by threatening to release sexually explicit images of her to her friends and family. Former UUPD Officer Miguel Deras handled this call with the help of Onrcer tT and later that same day, Lauren McCluskey sent copies of the extortion photos to Officer Deras at his ‘work email address. ‘After Lauren McCluskey reported the extortion, Officer Deras went to the on-duty supervisor, Officer and asked him for supervisory guidance on how to handle the digital evidence Lauren icCluskey sent to Officer Deras. Due to their involvement in this call, all three of these officers (Devs RBBB tee or sw the photo in question ‘On October 15, 2020, the photos in question were shown to UUPD Set. EEE Curing a shift- briefing. Office gain asked for supervisory guidance regarding the handling of these images. UUPD Officers ind Officer ave confirmed that they were at this briefing and reported seeing the photos when Officer Deras showed them (o St. J. ‘At some point in time after the afore-mentioned briefing, Officer Deras reportedly showed the images again to Officers IE Officer filiremembers seeing the pictures for a second Page |3images. Officer] Officer Deras showed the picture: ‘no memory of this taking place or being there. As reported by they remember hearing some unprofessional comments being made when Set EEE cries that he was in the afore-mentioned and denies that Officer Deras asked for his supervisory guidance regarding these images. Sgt. tates that Officer Deras showed him one of the photos in question on the night that Lauren McCluskey was murdered by Melvin Rowland, In August of 2019, a download of Officer Deras’ personally-owned cell phone was conducted by the West Valley Police Department, at the request of UPD. The searches that have been conducted of the download of Officer Deras’ phone found no evidence of the images in question being on his device. In December of 2019, and again in February of 2020, UUPD conducted Internal Affairs interviews regarding the allegations that Officer Deras shared the extortion photos with Officer UUPD Lt. Brian Wahlin conducted the IA investigation and determined, "there is no evidence that any pictures were electronically transferred from Miguel Deras to Officer [EEE during the dates in que: nm” There is no evidence from this investigation to support that Officer Deras' electronically transferred or shared any of the extortion photos with fice Investigation and Report By: ‘The Utah Department of Public Safety Office of Professional Standards Date: 07/29/2020yoirea pue seiaq Aq pamain "39 04 papuenuo} ave aia so8eu! uoruorxs u-9 4. 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