Court paperwork and a commentary from the sufferer ascertain an Enoch City councilman who owns a neighborhood mobile phone restore store is accused of copying non-public images from the mobile phone of a female customer. 

David Findlay Owens is charged with one count of computer crimes – deliberately/knowingly getting access to pc belongings with out authorization, a Class-B misdemeanor, in keeping with paperwork filed within the Iron County Justice Court final month.

Court paperwork to begin with filed within the fifth District Court didn’t supply any details about what resulted in the fees towards the 38-year-old. The special prosecutor handling the case and other officials declined to comment on what spurred the fees.

But new paperwork bought from the Utah Attorney General’s Office and a commentary from the sufferer display the fees stem from a September 2016 incident during which Owens reportedly copied 4 “mirror selfies” of a scantily clad lady from her mobile phone to a pc at his store, Fix-N-Go, on South Main Street in Cedar City.

More: Enoch City councilman charged with misdemeanor

The sufferer launched the next commentary, chiding officers for no longer taking additional steps to give protection to the neighborhood and urging the councilman to take accountability for his movements:

I used to be horrified to be told this guy accessed my phone, stole private knowledge, and exploited me — a female customer. I felt extremely violated to be told that, no longer most effective did he thieve from me, he then shared it with different males. I fight to grasp why no person would come ahead to warn me or the general public of what he had performed and want any person would have taken motion in contrast predator, as the general public used to be left in peril for over a 12 months. I believe Mr. Owen’s habits is disgusting and each customer, daughter, sister, spouse and teen must be warned as he’s nonetheless in industry and has proven no want to step down from administrative center. This reaction presentations he believes his personal delusions that, as a result of he’s a political candidate and businessman, that he’s untouchable and above the regulation. It isn’t that those are merely allegations and that he’s below investigation — he used to be charged. It is substantive and actual and constituents and buyers deserve duty and to be warned. It is my hope that via talking out, others don’t seem to be harm via this predator.

Owens instructed Parowan Police Sgt. Mike Berg that two telephones were introduced in via a county authentic to be wiped, in keeping with the investigation paperwork. Owens instructed Berg he saved the footage “in case something came up.”

Berg identified the lady within the footage as a former govt worker, in keeping with the paperwork.

“Owens did not tell me why he was showing me these items and did not request that I keep it a secret,” Berg mentioned in a letter to the Attorney General’s Office bought via The Spectrum. “I am not sure to this day why Owens brought up this information and showed me the pictures.”

Two Cedar City Police detectives and a primary investigator for the Utah Attorney General’s Office visited the Fix-N-Go final March to practice up at the images. Owens instructed the investigators he were fallacious and the 2 telephones had no longer in truth been introduced in via the county authentic. Instead, one Apple iPhone 6 were introduced in via the sufferer for a display restore.

“He did admit to browsing the pictures and took his own pictures of (the victim’s) pictures saved on the phone,” Leo Lucey, leader investigator for the Utah Attorney General’s Office, wrote. “He took four pictures from (the victim’s) phone; all of which (the victim) was shown in little clothing.”

More: Proposed ordinance creating SUU housing district zone met with public push back

Owens supplied the shape for the $143 display restore to investigators, in keeping with the commentary. The receipt obviously indexed the sufferer because the customer. The password to the iPhone used to be supplied via the sufferer, however she instructed The Spectrum she by no means gave Owens permission to get entry to the contents of her phone.

“Owens stated he would not do anything with the pictures until we told him one way or another,” Lucey wrote.

Investigative notes from the Utah Attorney General’s Office said Owens had adorned the tips. No additional motion used to be taken. A consultant for the administrative center declined to touch upon why no fees had been filed, bringing up the continued investigation in Iron County.  

The Spectrum used to be not able to verify whether or not officers seized the images from Owens’ pc. 

The incident used to be forwarded via the Iron County Attorney’s Office to Robert Cosson, Chief Prosecuting Attorney for the City of St. George, for evaluate. Cosson filed the misdemeanor rate in December.

Owen’s lawyer didn’t go back repeated messages left via The Spectrum. 

An Enoch City authentic showed Owens remains to be at the council. The town launched a commentary to The Spectrum indicating they have got no details about the subject and that it will be “inappropriate” to remark.

“Moreover, the City believes in and will rely on the the justice system, that a person is innocent until proven otherwise,” the commentary mentioned. “To that end, and to the best of Enoch City’s knowledge, this is a private matter which does not involve either City property nor actions taken as a elected official on behalf of the City.”

Owens is going through a most penalty of as much as six months in prison and a $1,000 high quality if convicted.

More: County Attorney rules ICSO deputy justified in Christmas Eve shooting

He will seem prior to Judge Margaret Miller within the Iron County Justice Court on March 21. As section of the summons, he will have to report back to the Iron County Jail to be booked at the fees prior to the March courtroom date. He will likely be in an instant launched following the reserving procedure.

Bree Burkitt is the Cedar City reporter for The Spectrum & Daily News. Follow her on Twitter at @BreeBurkitt, or name her at 435-218-2241.

Read or Share this tale: http://www.thespectrum.com/story/news/local/cedar-city/2018/01/26/enoch-city-councilman-allegedly-downloaded-private-images-phone-female-customer/1067389001/