WASHINGTON CITY — A Veyo man was arrested Wednesday and is facing felony charges stemming from an April 9 incident in which he allegedly represented himself as law enforcement to hold a man and woman, who reportedly cut him off in traffic, at gunpoint until police arrived.
Police officers were initially dispatched to an attempt to locate a reckless driver in Washington City that was reported by a man alleging he was a private probation officer, according to a probable cause statement filed by the Washington City Police Department in support of the arrest.
Police officers were then dispatched to the area of Green Springs Drive and Buena Vista Boulevard to assist with an incident in which a private probation officer had reportedly stopped the vehicle and had a man detained for reckless driving.
“Dispatch then advised the private probation agent held the male at gunpoint before detaining him,” the arresting police officer wrote in a sworn statement.
“I arrived to the underpass of Green Springs where traffic was backed up due to the private probation agent stopped in the intersection with a male in handcuffs standing up and leaning against the trunk of his car,” the police officer stated.
The police officer approached the probation officer, identified as 51-year-old Kim Ray Terry II, and asked what was going on. Terry said he was driving down Red Hills Parkway with his family when the man cut him off, making Terry nearly go off the road, and then slammed on his brakes, causing Terry to nearly wreck into the back of him, according to the statement.
“He stated that is assault so I felony stopped him because I am a retired cop and ‘I know my sh–,’” the police officer wrote.
At that time, a woman stepped out of the stopped vehicle and told Terry to tell the police officer what really happened, the report stated. The woman said when the lane began to merge, they hydroplaned, causing water to splash up on the windshield, making it difficult to see, and that they were unaware they had even cut Terry’s vehicle off.
The woman said they pulled up to the light and Terry jumped out of his car and pointed a gun at them while demanding her husband get out of the car, according to the statement. The woman said she was terrified Terry was going to shoot her husband.
The police officer released the man from Terry’s handcuffs and asked them all to pull into a nearby gas station so they could fill out statements and not continue to hold up traffic.
The police officer explained to Terry that, based off what Terry had said, that the man had not committed an assault but, possibly, reckless driving, the report stated. When Terry asked why, the police officer explained that being cut off in a road rage incident is not an assault by Utah State Law definition.
The police officer told Terry he could prepare a citation for reckless driving and issue it to the driver on Terry’s behalf and that, as the complainant, Terry would have to testify in court against the driver, according to the report. Terry agreed.
When the police officer asked Terry who he worked for, Terry stated he is a private probation agent for Tread Armament. At face value, the report stated, Terry appeared to look like a probation agent based off of his attire and the gear he was wearing.
“Kim was wearing a nylon duty belt typically worn by police officers that contained what appeared to be pepper spray, night attack, handcuff case and a gun holster with a glock holstered in it,” the officer stated. “He was wearing tan BDU pants and police style boots and had a badge hanging from his neck on a chain that stated probation officer on it.”
After filling out the paperwork, the involved parties left and the police officer went to the police station to investigate Terry’s certifications. During the investigation, the police officer learned that Terry is also being investigated by Adult Probation and Parole and the Department of Occupational and Professional Licensing.
“I found that Kim Terry has no Utah certifications as a law enforcement officer and is already being investigated by AP&P for impersonation due to a previous incident Kim was involved in,” the officer stated. “In talking with AP&P on their case, I was advised Kim has never been certified in any state as a law enforcement officer. He had retired from Nevada Corrections on the human resources department only and they had confirmed that with Nevada POST.”
According to court documents, the police officer found that DOPL is “doing an emergency hearing on Kim Terry to revoke his certification” and that the Adult Probation and Parole agent had been informed by a DOPL representative that Terry had “made some threatening remarks about him.”
“I was also informed that there is an investigation into Kim Terry for inappropriate relationships with his probation clients,” the officer wrote in the statement.
According to the DOPL website, Terry currently holds licenses in Utah as a private probation provider since 2013, and an armed private security officer since 2012.
Terry held classes at Tread Armament earlier this month for armed and unarmed private security certification, according to a Craigslist.com ad which reads: “Training is overseen by Mr. Kim Terry, Southern Utah’s longest-serving security instructor.”
As a result of the Washington City Police investigation, Terry was arrested on Wednesday.
The Washington County Attorney’s Office filed an information in 5th District Court accusing Terry of two second-degree felony counts of aggravated assault, class B misdemeanor impersonation of an officer, two class B misdemeanor counts of unlawful detention, and class C misdemeanor disorderly conduct.
Bail for Terry’s release pending trial was set at $25,000. Terry appeared before 5th District Judge John Walton Thursday for his initial court appearance where his defense attorney Douglas Terry requested that his client’s bail be reduced.
However, the state was unwilling to stipulate to a bail reduction Friday. A new bail hearing is scheduled for Monday for the defense and prosecution to consult about a possible mutual agreement to lower Terry’s bail.
As this report is published, attempts to reach Tread Armament regarding the status of Terry’s employment were not immediately returned.
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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