“He’s under investigation, he’s been reported and chose to resign from the police department,” Cedar City Police Chief Bob Allinson said, “It was his decision, he decided to come in and resign and that’s what he did.”
After being booked on June 2 and released after posting bail of $2,213, Imlay’s charges will be prosecuted by the Beaver County Attorney’s Office.
“The Iron County Attorney’s office in reviewing the case determined they had a conflict of interest in screening the charges against someone who’s a police officer there,” Von Christiansen, Beaver County Attorney, said.
Imlay has been charged with driving under the influence of alcohol, typically a class-B misdemeanor, but the charge has been upgraded to a class-A misdemeanor on allegations that a minor was in the car at the time of the incident.
He was also charged with an accident involving property damage, duties of operator, after crashing in a parking lot of a little league baseball complex, a class-B misdemeanor.
“In a nutshell, we’re claiming he didn’t report as he was required to do after being in an accident,” Christiansen said.
Imlay is scheduled to report to Utah’s 5th District Court in Cedar City on Aug. 5, with Judge Keith Barnes to preside over the case.
“Judge Barnes, who’s assigned to the case, has determined that there is no conflict of interest,” Christiansen said, “and at least for now, he’s on the case and will go forward as the acting judge.”
Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.
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