Bobbie Bicknell Coray, Reporter
Rich Civic Times
RANDOLPH, Utah. February 7, 2018. Benjamin Willoughby, Rich County Attorney, told
commissioners that “my office has carefully reviewed this case. This memorandum
is to explain my determination that this shooting, although tragic, was fully
justified.
The Rich County Sheriff's Office quickly handed the
investigation of this shooting over to the Utah State Bureau of Investigation.
This was done (1) because of the seriousness of the incident and (2) because
Rick Bywater had expressed anger towards Rich County Sheriff's Deputies. The Bureau of Investigation sent multiple
investigators directly to the crime scene. These investigators took the primary
role in examining the crime scene and interviewed involved persons.
Once the SBI completed their investigation, my Chief
Criminal Deputy and I met with Sheriff Stacey, and Agent Brandon Davis (lead
investigator) to review the evidence. I have since carefully reviewed all
additional reports. This investigation was exceptionally well done. We are all
very grateful for the amount of work Agent Davis and his team provided Rich
County in this investigation."
Summary of facts.
On September 24, 2017, 12:23 p.m. Richard Bywater posted to
Facebook:
“ love you
supporters. sorry my son n daughter and granddaughter, my son is who I have issues
with nd is my issues working with family. im all alone here been alone for a
long time not that yu didn’t try.”
In another post, Bywater ·wrote that he had been
"pushed to the edge."
Glen Anderson lives in the neighborhood and knew Bywater
well. Anderson became concerned over these posts and walked over to check on
Bywater.
Anderson found Bywater holding a rifle at his own head.
Anderson reported that Bywater was talking about suicide and appeared to be on
some type of drug. Bywater told Anderson
"you're one of the mother f* * *ers that treated me bad." Anderson
said he tried to talk Bywater out of it, but could not. Bywater punched
Anderson and ordered him off the property at gun point. Bywater then smashed
Anderson's rear window.
Anderson stated that Bywater seemed to have snapped and that
Bywater was going to hurt somebody and then himself. Anderson called 911 to
report that Bywater was suicidal and had a gun. Anderson then called the
Carnal1ans and Rick Vaughn to warn them.
Rick Vaughn was also interviewed. Vaughn told the police
that he received a phone call from Anderson warning him that Kay Carnahan was
the first on Bywater's list and that Vaughn was second. The Carnahans and
Vaughn and Bywater had been in conflict over HOA issues. Anderson warned Vaughn
to lock his doors and get a gun, because Bywater was coming after them.
At 12:50 p.m., 911 received the first call of shots being
fired. Bywater had fired two rifle rounds
into Tom Peterson's jeep, which was parked in front of Peterson's home not far
from the Carnahans. Tom Peterson was also interviewed. Peterson reported that Bywater used to be the
maintenance manager for the HOA, but
that the HOA Board fired Bywater and Peterson took the job.
At 12:33 p.m., Kay Carnahan received the call from
Glen Anderson warning
her. Mrs. Carnahan made several phone calls ·warning others. She was on
the phone with Pat Donahue, when Bywater began shooting into her home. Mrs.
Carnahan hid and called 911. The Carnahans also
retrieved a handgun.
Just a few minutes later, Bywater crashed his SUV into
the Carnahans' home
at high speed. Bywater's SUV
rammed into a row of two off-road vehicles and a golf cart. Both Mrs.
Carnahan and Mr. Carnahan went to the
front room of their home where they were both shot through the glass
window. Both were seriously injured. Mr.
Carnahan shot back five times, aiming at the hole from Bywater's shotgun.
When the first officer arrived, he found Bywater
deceased in the
driver's seat of his SUV. His shotgun was still pointed out the window
towards the Carnahan’s home. The shots
appeared to have immediately incapacitated
Bywater. The investigators found that Bywater had shot two
rifle rounds into Peterson's
jeep, one shotgun round into a car in front of the
Carnahans' home and four shotgun rounds into the Carnahans' home. Mr. Carnahan
had fired five rounds out his front window.
Bywater's autopsy showed methamphetamine in his blood along
with a blood alcohol content of .16 (double the legal driving limit).
Legal standard for use of deadly force. The applicable legal
standard in this case is found in Utah Code Ann.§ 76-2-407 (defense of
habitation). Under this statute, a person may use deadly force in his defense
of persons on real property if:
(a) he is in
lawful possession of the real property;
(b) he
reasonably believes that the force is necessary to prevent or terminate the
other person's trespass on real property;
(c) the
trespass is made or attempted by use of force or in a violent and tumultuous
manner; and
(d) the person
reasonably believes that the trespass is attempted or made for the purpose of
committing violence against any person on the real property and he reasonably
believes that the force is necessary to prevent personal violence.
A person's belief under (b) and (d) is presumed to be
reasonable when the trespass was made or attempted by use of force or in a violent
and tumultuous manner. Utah Code Ann.§ 76-2-407(2). With this standard in mind,
Mr. Carnahan's use of deadly force is clearly legally justified. Had Mr. Carnahan
not been armed and had he not been willing to return fire through his front
window, there is a great likelihood that he and his ·wife would have been
killed. The law does not require Mr. Carnahan to wait so that we could all find
out for certain if Bywater would have killed them. Under every available legal
standard Mr. Carnahan was justified.
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