ST. GEORGE — A man was charged in 5th District Court Friday after prosecutors alleged he raped a 17-year-old employee over the course of several months of sexual abuse.
Joshua Michael Downard, 35, of Cedar City, appeared in court Wednesday and was formally charged with two counts of rape, a first-degree felony; forcible sexual abuse, a second-degree felony; and a sexual battery charge, a class A misdemeanor, after he was arrested and booked into Iron County Jail Friday afternoon.
The charges stem from an investigation that began Aug. 8, when officers responded to Downard’s residence on a possible domestic violence call, according to court documents.
While investigating the domestic incident, Cedar City police learned that Downard had told his wife, who had filed for divorce two weeks prior to the call, he had multiple incidents of adultery that included “having sex with a 17-year-old girl employee at the restaurant where he is her supervisor,” according to the affidavit filed with the court.
Downard was the girl’s immediate supervisor and manager of the sandwich shop on West 200 North in Cedar City, where he, his wife and the teen worked at one point.
The teen told investigators that in April Downard asked her to take a ride in his truck and drove her to a remote area near I-15, between Summit and Parowan in Iron County, and while still inside the vehicle he “forcefully removed her pants against her will and raped her,” the affidavit says.
She also told police that Downard threatened her repeatedly, telling her he would “use his gun to kill her sisters.”
The girl also told of repeated incidents of abuse that occurred “nearly every day she was scheduled to work,” after the first incident in April, abuse that police say went on for months and took place in the restaurant where they worked, as well as in other locations in Iron, Washington and Salt Lake counties.
The last incident took place on or about Aug. 18 when Downard raped the girl despite her repeated pleas for him to stop, according to court records.
Police say Downard continually reminded the teen that she and her family would be harmed or killed if she ever told anyone of the abuse, reminders supported by the gun concealed in his waistband.
Officers were able to confirm through Downard’s ex-wife and a witness that he “carries a concealed weapon on him daily,” and owns “multiple other firearms,” the affidavit says.
Downard is being held without bail as he “poses a substantial risk to himself and the community if released at this time.” He told his ex-wife that if his actions relating to the 17-year-old “were brought to light, he would get into a shootout with law enforcement to prevent his arrest,” according to court documents.
Downard has no previous criminal history that could be located prior to the charges filed Friday.
A preliminary hearing in the case is scheduled Jan. 8 at 5th District Court in Cedar City at 2:30 p.m.
This report is based on statements from police or other responders and may not contain the full scope of findings. Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.
Email: [email protected]
Twitter: @STGnews
Copyright St. George News, SaintGeorgeUtah.com LLC, 2018, all rights reserved.
Hmmmmm. Not sure I completely believe this girl that it was rape. I only say that because she kept going to work.
However, I’m open to people telling me I’m wrong and she is weak and psychologically damaged and in fear that was causing her to be continually raped by continuing to show up to work as scheduled.
You do know sex with a minor is the absolute definition of rape dont you? At what time during this report did you find yourself wanting to defend this gun weilding disturbed wife beating bully? Denial is the poison you ingest only if it hasnt happened to you.
Underage sex is not the same as rape. And a 17 yr old is not beyond partaking in sexual activity with an older man.
Im not defending him. I am however doubtful of ex wives and people who continue to place themselves in harm’s way. It is Cedar City and he does look like a meth user. There is something wrong with the people in that town, I’ll concur to that
You are disgusting.
At least she didn’t wait 35 years to report it.
This wasn’t “underage sex”. This was both statutory rape (she is underage and he is more than 10 years older than her) as well as forcible rape.
You have an abhorant habit of constantly denying rape on this forum without any evidence to back up your comments. You make judgements against them (ie weak) without any justification. The reality is most rape cases aren’t charged by relevant agencies. Given this one is means the prosecutors actually believe there is enough evidence to do so. That alone should give you pause is making your highly problematic posts.
Why do you feel the need to come onto an article about violent rape and challenge her story? Why would you want to judge her as weak when the documentation states the alleged rapists threatened her and her family’s lives and was known to carry firearms? How do you see anything productive in your posts?
In all seriousness, take the time to educate yourself about the ways in which these women show immense courage and strength just to survive these experiences. Survivors don’t manage to live another day by relegating themselves to the narrow options you seem to believe are valid. And I think you’ll find their stories display anything but weakness.
Mr fact check himself is already judge, jury, and executioner.
People need to raise kids better. Because, no one in their right mind would continue working in a sandwich shop and get raped over and over. I mean, wouldnt you call in sick?
I’m so glad to see you stand on something with such passion b&f. It’s about time.
If one believes wholeheartedly that the information given in this story is completely factual with no lies, than this guy is the worst of predators. No manager should have sex with a subordinate. Period.
I definitely would like to be on this jury to see the victim and hear the why’s being answered.
Maybe put on your Christian cap and do your best to consider what it would be like to 17 and (A)have your boss serially harass and rape you (B) then have him threaten to kill you and your family if you told anyone. How does “calling in sick” or quitting to your boss doing those things protect you from him?
Sometimes its best to … up think before commenting. You have made ridiculously judgemental comments like this about rape and sexual assault survivors multiple times before. You never have evidence to back up your theories despite there being enough evidence in this case to prosecute. Has it occurred to you that survivors are further stigmatized and traumarized by unsubstantiated comments like yours? Or that comments like yours help explain why more women don’t come forward and try to prosecute?
Get over yourself and find a better place to educate yourself about the experience of victims of these heinous crimes.
Ed. ellipsis
I agree, LBA, the story doesn’t make a whole lot of sense. Of course your 17 year old is still legally “a child”. But your typical 17 year old is quite sexually active, and they can be as manipulative and cunning as any adult. Maybe this WAS some shy, innocent, naive LDS girl who was completely and totally exploited by a manipulative degenerate sexual predator. But I’m not gonna rush to judgement, because there are usually two sides to a story like this. If a pretty young teenager walks into a police station sobbing, with highly emotional claims of being raped perpetually and repeatedly over a period of months and months, well, I can see why the cops would like to believe she’s telling the truth. The guy will do time for statutory no matter what, but is he a predatory rapist? Not having more info, we can only take the word or the cops and news media and assume that he is.
And swing and a miss on your “Mr fact check himself is already judge, jury, and executioner”. I haven’t made any comment regarding his sentencing or guilt. I accurately defined the alleged crimes as a correction to your absurd claim that it was just “underage sex”. I even used the word alleged when directly referencing him and also explicitly stated the “prosecutors actually believe there is enough evidence to do [charge] so.” Believing her account and trusting the prosecution’s justification to move forward doesn’t mean I believe he doesn’t deserve a fair trial. My comments regarding the Bundy case will expose my nuanced view in how cases can operate.
Your attempt at deflection failed. Your statements about the survivor still are rightfully the subject of concern.
It is good to see bike show a little passion about something for once. Not sure I’ve ever seen her get edited as in the post above; not that i can recall.
First time being edited in 18 months. Shown plenty of passion on this very subject and will continue to do so. Odd comment from LBA given its this type of noticeably passionate and logically supported post that has historically led her to make ad hominem attacks against me. LBA likes to make hideous comments like she has here and then act shocked when people call them out.
Give em hell, b&f. No retreat, no surrender.
Me as a 17 yr old being raped by a boss: I would be so freaked out I wouldnt have the mental capacity to go back to work.
He threatened to kill members of her family if she said anything. The facts he carried a firearm and had sex with the girl were confirmed by the guy’s wife. She may have felt trapped in a situation too far above her head to handle. This is one big reason we have laws about people over 18 engaging in sex with minors.
The best we can hope for is that police and news media are reporting facts and not emotional intuitions and speculation. We have to take their word that this man is a predatory rapist as it’s reported. In other words, guilty until proven innocent. He’ll have to prove his innocence in court, but internet searches will always show him to be an accused rapist.
The last article about rape where our friend Pablo’s felony rape charge was downgraded to a misdemeanor fondling offense should really make everyone question how solid these type of accusations really are.
From what info we have we can only assume this man is the worst kind of violent sexual predator. The information to assume otherwise simply is not there.
We can only hope and trust that the police aren’t publicly convicting innocent men with their press releases. A man is tried and convicted in the media just with the public accusation.
For now I will just trust that police have found a real ‘bad egg’ in mr. downard here. But someone certainly owes Pablo an apology by the looks of things.
His name was Ruben and no one owes an apology. If you can’t understand why a survivor would choose a plea deal that included a year in prison than you aren’t educated on the subject very well.
Bike, your ignorance is showing. Do you know what a “sexual battery” charge is in Utah? It’s groping over clothing–a far cry from the original claim of 1st degree felony vaginal rape. If you were forcefully vaginally raped would you be happy if the perp made a plea deal for a groping charge? And it’s UP TO 1 year in county jail; no prison. The story makes no sense. And you’re just being snarky at this point. Not very adult. Shame on you, bike. Shame on you… smh
Why do you keep inserting the word “vaginal” into a situation it was never claimed? Simply odd. The legal term used was “felony rape”.
And no, sexual battery is not limited to what you claim. Here is the code:
“A person is guilty of sexual battery if the person, under circumstances not amounting to an offense under Subsection (2), intentionally touches, WETHER OR NOT THROUGH CLOTHING,the anus, buttocks, or any part of the genitals of another person, or the breast of a female person, and the actor’s conduct is under circumstances the actor knows or should know will likely cause affront or alarm to the person touched”
https://le.utah.gov/xcode/Title76/Chapter9/76-9-S702.1.html
You are making assumptions again without enough evidence to justify it.
Sorry for substituting prison for jail, it wasn’t precise enough as they are often interchangeable in informal settings.
Your speculation about the victim’s preference is useless as she chose to do so “she could avoid having to testify in the case.” It doesn’t matter what you think as it was her choice as the victim. At the end of the day, her and her legal representation thought the accused pleading guilty was better than going to trial. And if you under the statistics and realities of prosecuting rape and sexual assault you would understand why a victim may rightfully choose a guilty plea over being re-traumatized by the legal process. Just look at the Brock Turner case for evidence of how ridiculous the experience can be for the victim even with enough evidence to convict; he only got 6 months. Given more than 99% of rapes are never even tried its a rational choice to move forward like this woman did. Have you read the survivor’s account of Brock Turner’s brutal rape? Here, you should:
“Had Brock admitted guilt and remorse and offered to settle early on, I would have considered a lighter sentence, respecting his honesty, grateful to be able to move our lives forward. Instead he took the risk of going to trial, added insult to injury and forced me to relive the hurt as details about my personal life and sexual assault were brutally dissected before the public. He pushed me and my family through a year of inexplicable, unnecessary suffering, and should face the consequences of challenging his crime, of putting my pain into question, of making us wait so long for justice.”
https://www.buzzfeednews.com/article/katiejmbaker/heres-the-powerful-letter-the-stanford-victim-read-to-her-ra#.ucPX7emMym
No shame here. I would say its very adult to stand up for victims and call folks like you and LBA out for your irrational treatment of sexual assault victims. You two have used this forum to vocalize unsubstantiated theories at the expense of the victims. Your comments are heinous and the only childish thing I have seen in these thread.
And yes, I will employ snark when folks like you behave this way. Your comments on this, and several other subjects, deserve to be mocked and to be treated with irreverence. Its beyond ironic for you to cry foul on that choice given your clear record of using it on this forum.
Snark: informal noun: an attitude or expression of mocking irreverence and sarcasm
Irreverence: adj: showing a lack of respect for people or things that are generally taken seriously.
Just because others take your psuedo-scientific ramblings, conspiracy theories and unsubstantiated musings about victims motives seriously doesn’t mean I or others should. Serious, good faith, rational comments get treated with reverence and respect. Public speech was never meant to treat all ideas equally.
That’s a big pile of… well, words you’ve typed out there bike. I’d like to know why an accusation of vaginal rape was settled against that hispanic man as a simple fondling incident. How much easier of a conviction could it have been if it was actually a rape? A foreign national, likely with limited english skills, already spending time in US prison for a felony drug conviction? You make a lot of noise there, but you don’t address the issue at hand. Your just prattling off on a bunch of unrelated stuff at this point. You’re not fooling anyone.
You miss the actual point, Comment. You have never justified your own point of view with any valid facts. Your stance and skepticism is inherently speculative and unsubstantiated. Its therefore a useless stance.
Welcome to logical dialogue in which you actually have to justify yourself. In this case you have a defendant and plantif willing to settle. They are the people with the facts, not you.
You lack any logical or legal standing in this case.
Its also clear you have zero understanding of law. And in general you’ve exposed an unwillingness to deal in fact.
#commentfail
If the facts had been there I wouldn’t have to speculate. I’d prefer to not speculate and to simply know: why was Ruben Hernandez original felony rape charge settled for a plea of misdemeanor sexual battery?
“The woman approved the plea deal so she could avoid having to testify in the case, prosecutor Kevin Daniels said Monday.”
“After speaking with her and her family, she felt this would hold him accountable to a certain degree while not requiring her to testify,” Daniels said.
https://www.idahostatejournal.com/news/local/idaho-prison-inmate-from-blackfoot-charged-in-sexual-assault-at/article_375f0a11-aeb1-5596-bb05-eda4ab50d2c8.html
You believe what you wanna believe, bike. I’m simply not buying it. If she was actually raped, and he goes on to rape (again) after he is let out of jail (in fairly short order), then the supposed rape victim will have done that future victim a grave injustice.
You just can’t help yourself, can you?
You moved onto another step of victim shaming by placing blame on her for any future actions the accused may take. Wow. First you think we need to apologise to person charged now its to the other extreme.
You really just dive head first into the realm of pure speculation, huh.
I remembered today that you are also a Sandy Hook Truther, aren’t ya? If I’m confusing you with someone else let me know but it seems to fit your pattern of not understanding or caring for facts. There is no convincing people who buy into conspiracies as they completely invert the burden of proof.
hahahaha, no, not a sandyhook hoaxer, just a 9/11 conspiracist lunatic for now. nickdanger is the sandyhoaxer, iirc….
Comment,
Thanks for correcting me and sorry for confusing you with a sandyhoaxer.
But, to be fair, some of the details of the sandyhook massacre are extremely strange. Actually the whole thing was strange. A mobile autopsy laboratory? It was all so strange that is was quite easy for conspiracy peddlers to latch onto it. But the people peddling the hoax theory are actually lunatics with no credibility. They have made a lot of money off it also.
A 35 yo “Manager” takes an employee out and rapes her? A gun was involved? And he’s married, and whose wife dropped the dime on him for DV?
Throw the book at him.
“Downard is being held without bail as he “poses a substantial risk to himself and the community if released at this time.” He told his ex-wife that if his actions relating to the 17-year-old “were brought to light, he would get into a shootout with law enforcement to prevent his arrest,” according to court documents.”
I find this very interesting. Was he truly ready to go “Suicide by cop”? Or did he actually think that a shootout would somehow get him out of his troubles? (Which is what I think many SBC situations are) Showing the gun to the girl worked! Cops should be careful too! ooops That usually ends poorly.
I feel for this teenage girl. I can’t understand why she would continue to go to work if this happened “on a daily basis”. Even if she felt threatened to not tell anybody for fear of safety for her family, I just can’t understand why she wouldn’t just quit her job? Either way, this guy sounds like scum, and I’m glad he’s off the streets! I hope this poor girl can work through this and get to a peaceful happy place in her life.
If there is ever a reason to shutdown comments on news stories its having someone like LBA judge the survivor in her remarks. Could you imagine what it would be like to be a victim of these crimes and have someone as ignorant as LBA judging your survival tactics? All this on a news story you have no control over about what is likely one of your most difficult and traumatic experiences of your life. I sincerely hope folks like LBA never have to experience this sort of public shaming for an issue they had no fault in.
LBA has been around the block a few times and is pretty good at detecting bs. I actually wasn’t gonna say a peep on this story till all you others started chiming in. I’ve seen the way police press releases and media can perpetuate myths and falsities and ruin innocent men’s lives. It appears that poor hispanic man discussed earlier was falsely accused of rape, and for what, to satisfy some narcissistic woman’s ego? I’d sure like to know. I’m one to rarely take the side of illegals, but I’m very very offended by that.
1st degree felony rape in UT is 15yrs to life, bike. Sexual battery (fondling) is typically gonna be at most a few mos in jail, but for someone w/ no record would likely be a fine and/or a suspended sentence. I feel like you personally owe that poor hispanic man an apology; you and the state of UT.
You and LBA are two peas in a pod on this subject, that is for sure.
She’s “good at detecting BS”, huh? That’s worth a solid laugh. She claimed this was all “underage sex” and that its not rape. At a minimum she’s spreading BS there as the accusations meet the definition of “statutory rape” in Utah.
You really need to create rational, supportable arguments if you want to be taken seriously, Comment.
Keep making the same claim about apologies. I’m sure you’ll convince someone other than LBA at some point. The guy pled guilty and forfeited his chance to defend himself in court. No apologies here.
He didn’t plead guilty to rape though did he bike. He plead guilty to the equivalent of what a drunk guy in bar would get charged with if he grabbed or even patted a waitress’s behind.
I’ll leave open the possibility that the guy in this story is actually the manipulative, psychopathic, violent, mentally unstable, predatory rapist preying on innocent, vulnerable, naive teenage girls as described. And, with that, we’ll see what happens! 😉
Have you committed sexual battery at a bar, Comment? Is that what you are saying? Because its not fondling.
You don’t understand plea deals. Its normally a compromise with lesser charges to deal with the inherent uncertainty of trial outcomes. Both parties choose not to take the risk of losing. You understand that, correct? Meaning this is a normal and expected outcome of a plea deal.
You also know there is nothing else to happen other than sentencing, right? I mean in theory a judge could throw out a plea deal but I believe (??) it’s past that unlikely possiblity.
no, no, yes, and yes
bike, if you or I ever get assaulted by a foreign national who is also a current prison inmate let’s make a pledge to take it to trial and get a conviction(which they’d almost have been guaranteed in that part of UT, even with the only evidence being her word against his). Sexual battery is a wrist-slap charge compared to rape. I’m not sure why you can’t grasp this. She’s willing to agree to a wrist slap because “she doesn’t feel like testifying”. The whole rape accusation must’ve been bogus from the get go is the best I can come up with. Whether the woman lied or perhaps some redneck cop from Sanpete blurted something out to media without thinking, who knows.
hmm
My claim somehow got lost in all your mumbo jumbo. My claim is: I dont believe the girl. I believe it was all fun and games to sleep with an older married man until it came to light. And the rape claim is secondary to cover up shame.
I should correct if to say, I dont believe the story reported about what the girl said happened, to be true
Your claim was never lost in the shuffle, its the first one on the thread. Its a horrible thing to state about a victim when you have zero evidence to back it up. The fact that you have stated you want to be on the jury exposes a further morbidness. This isn’t some CSI show for your entertainment.
You really need to quit while you’re behind. The pit you’ve dug for yourself is mighty deep.
You might be right, lba. All I’ll say is that I believe there is a lot more to this story than what the cops released to the press. And since the 17 year old is legally “a child” the full story will likely never come out in the press.
I also have one more claim: I dont believe what the soon to be ex wife is saying to be true. 1, he didnt get in a shoot out with police. 2. She filed for divorce 2 weeks ago. 3. He told her he had sex with 17 yr old and I claim, she is going to take everything he has to get back at him. 4. She embellished the truth.
This story and the comments from everyone that followed brings us to reflect on the enlightening words of In This Moment:
I’m the girl you’ve been thinking about
The one thing you can’t live without
I’m the girl you’ve been waiting for
I’ll have you down on your knees
I’ll have you begging for more
You probably thought I wouldn’t get this far
You thought I’d end up in the back of a car
You probably thought that I’d never escape
I’d be a rat in a cage, I’d be a slave to this place
You don’t know how hard I fought to survive
Waking up alone when I was left to die
You don’t know about this life I’ve led
All these roads I’ve walked
All these tears I’ve bled
So how can this be?
You’re praying to me
As I look in your eyes
I know just what that means
I can be, I can be your everything
I can be your whore
I am the dirt you created
I am your sinner
And your whore
But let me tell you something baby
You love me for everything you hate me for
I’m the one that you need and fear
Now that you’re hooked, it’s all becoming clear
That all your judgments that you placed on me
Was a reflection of discovery
So maybe next time when you cast your stones
From the shadows of the dark unknown
You will crawl up from your hiding place
Take a look in the mirror
See the truth in your face
So how can this be?
You’re praying to me
As I look in your eyes
I know just what that means
I can be, I can be your everything
LOL ok…
Ice pick, I didn’t dig the hole. The hole is in the story.
Sorry, sister. That’s flat-out absurd and, at this point, you’re only burying yourself in that massive pit you’ve dug. Sad.
b&f you have zero evidence to contradict my claim.
The holes are in the story.
That’s not how this works. To make a public claim comes with burden of proof on your part. Plus, the case couldn’t be filed if the judge didn’t believe there was merit and evidence to support the prosecution’s charges.
You lack compassion, logic and proof in your accusations. You’ve turned a news story about an alleged rape victim into an uneducated guessing game about your ignorant and uninformed opinion.
And people wonder why women don’t come forward to press charges? Even when the local prosecutors finally have enough evidence to start a trial people like LBA use the internet to demean and revictimize the survivors. This is a prime example of how citizens prop up rape culture.
PS… your inability to understand and sympathize with victims of rape and sexual assault does not mean there are holes in the story. Its a reflection on you, not them.
The lesson to be learned here is that LBA really does not like teenage girls. LOL
Not really. If anything, LBA continues to out herself as being hateful and mean.
In begs asking, what causes a woman who lives halfway across the country to come onto a local news story and libel an alleged rape victim?
I sincerely have pity for LBA but her activity on this forum needs to be called out constantly. This is at least the third time I’ve challenged her for victim shaming these survivors with no evidence to back up her claims. Its despicable behavior. And she does it with no sense of irony despite coming onto this same forum and proselytizing from the Christian bible. I seem to remember (and I’m an avowed agnostic) some critical teachings from the Bible that deal with protecting those in harms way. I don’t remember any teaching us to libel and defame victims of eggregious criminal behavior.
What would you do without me? These comments would be boring. You know you like reading my comments.
I can appreciate you trying to save me and open my eyes but Jesus already did that. It’s your eyes that need to be opened. You are not as smart as you think you are. You have zero discernment and the words you use to describe me are, in fact, exactly who you are.
God bless
There you go irrationally lashing out again.
“You have zero discernment and the words you use to describe me are, in fact, exactly who you are.”
I would wager I have more Christian discernment than you given your public statements against sexual assault and rape victims on this website. But that’s just an educated guess based on the way you treat women you know nothing about.
Please do show me were I have “shamed survivors”, “libeled and defamed victims” or further injured “those in harms way” (ie those individuals discussed in these stories) and I will admit my errors. Show me a quote from my posts that justifies your “i know you are but what am I” response.
And no, you don’t add entertainment value nor do I like reading your comments. I would like nothing better than to come onto a news story about sexual assault and see no comments from you. Drop as many ad hominems against me as you want as it just exposes the weak foundation of your stances. I’m not trying to “save you” in some Christian fashion, that’s not something I can do. I’m simply naming your heinous behavior for what it is so others don’t think you reflect our community’s character or values. And at the end of the day its up to you to recognize your statements and behavior here don’t comport with fact or the Christian bible.
And I don’t believe one bit in your “God Bless” given the hate you spread about these women.
I can be meaner but I’m holding back
I think I’m remembering LBA describing her family history as involving significant involvement with police and prosecutors. (She’ll correct me if I’m wrong and I’ll admit my error like I did with comment). Would give context to her jaded remarks in the other thread claiming courts don’t care about the truth. Still doesn’t explain why she libels sexual assault victims in these news stories.
I already told you that I dont believe her so that pretty much sums up the answer to your question.
You do believe her 100% so there you go. There is the answer to all your questions about me.
It’s my past that gives me an insight to the reality of the court system. Heck, I tried turning my son in and I got looked at like a bad mother and a liar by SGPD. Luckily, my son was eventually arrested in LV, twice. Sent to rehab, and its the best thing that ever happened to him.
What else do you want to know? I’ve pretty much shared my life. I’m not ashamed to be judged by you because someone reading my story needed to hear that they are not alone.
I don’t like people, in general, they are manipulating, conniving and liars.
I don’t like people, in general, they are manipulating, conniving and liars. Gender and race does not play into my dislike ?
You’re not sounding like a very good Christian, lba…..
I dont know what a good Christian sounds like, I’ve never met one. Hence, being saved for my sins. I’m honest tho. Perhaps, a good Christian is a lying, dishonest person that walks around acting like something they are not. If so, then you’re right! That’s not me.