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Sunday, February 11, 2018

Sweetwater Killing Case Report


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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