UPDATED: St. George man found not guilty of aggravated assault in case involving dirt bike riders in Little Valley

Stock image, St. George News

ST. GEORGE — The man accused of attempting to back his pickup truck into two juvenile dirt bike riders in the Little Valley area of St. George in May of last year was found not guilty of aggravated assault in a split verdict following a two-day jury trial last week.

Scott Thomas Nielson, 46, of St. George, was in the courtroom on Aug. 9, when the jury returned with a “not guilty” verdict on the aggravated assault charge, according to court records. A class B misdemeanor moving violation has been appealed and has yet to be determined.

District Judge G. Michael Westfall presided over the proceedings, while the state was represented by Prosecutor Jerry Jaeger, and Nielson was represented by Defense Attorney Douglas Terry.

The jury trial took place in 5th District Court in St. George starting on Aug. 8, and was scheduled to continue until Aug. 10, but when each side rested their case the following day, Westfall excused the jury to begin deliberations just after 4:30 p.m. on Aug. 9. Less than two hours later they returned with the verdict.

The case was filed on May 25, 2021, following Nielson’s arrest, after police say he attempted to back his pickup truck into two dirt bike riders in the Little Valley area of St. George.

Nielson denied the accusations and said he was attempting to speak to the juveniles about their riding behavior – a position he has maintained since the case was filed following the alleged incident that took place near an intersection in the Serenity Hills neighborhood on May 18, 2021, where police said Nielson was stopped at the stop sign at 2000 South and 2580 East at the time.

“According to a witness and the two motorcycle riders, the truck then went into reverse back toward the two motorcycle riders,” the statement reads. “One rider was able to turn around and the other pulled toward the curb as the truck went by. The rider by the curb then stated the truck came back forward, toward him again.”

The motorcycle rider then sped away and the truck followed at a high rate of speed, police say.

According to the statement, the witness told officers he saw the truck back up toward the two riders and then follow at a high rate of speed, causing the tires to spin as it went around the turn. The witness reportedly tried to follow them, but he was a block away and could not see the motorcycle or truck after they turned east at the end of 2580 East.

Authorities spoke to Nielson sometime after the incident, who reported he was stopped at the stop sign when the riders went around him at a high rate of speed.

According to the statement, Nielson told officers that he followed the dirt bikes to see where the riders lived so he could talk to their parents. One of the riders did stop, Nielson told police, and “he talked to the rider and told him he should not be doing that.”

The video below shows reader-submitted surveillance footage in the area on the day of the incident, showing a white pickup driving behind a motorcycle on a neighborhood street.

St. George News spoke to Nielson at his home in the Serenity Hills subdivision Tuesday following his arrest. He denied that he backed up when stopped at the intersection of 2000 South and 2580 East, adding that he did follow the riders, as police reported.

The police statement does not include any information on the age of the riders, but Nielson said they are juveniles between the ages of 12-14.

“I followed them until one of them pulled over. I rolled down my passenger window and had a ‘come to Jesus talk with him,'” Nielson said, explaining that the boy said he said he was sorry and they went their separate ways.

Nielson said there are juveniles riding dirt bikes along 2000 South and up into the hills adjacent to his home daily, adding that he has reached out to the St. George Police Department on more than one occasion to assist with the issue.

He said an officer contacted him on May 19, the day after the incident. At the time, he said he believed the officer was following up on a report he filed with the department previously. He learned later in the conversation that the officer was actually calling on the incident at the intersection, which is when he gave his account of how the situation unfolded.

Then, at 10 p.m. Monday, two officers arrived at his house and he said he again believed they were there to discuss his complaint, but after he went over the issues surrounding juvenile dirt bike riders in his neighborhood, he said the officers asked him about the incident at the intersection.

Shortly after providing his account of the events a second time, Nielson was arrested on suspicion of aggravated assault and reckless driving.

Nielson characterized the police department’s accusations as “completely ridiculous.”

“I’m a father of seven kids and I’ve been involved in the scouting and young men’s organizations all my life to support the youth,” he said. “I would not try to kill a couple 12-year-old kids on motorcycles.”

Nielson said he plans to sue the St. George Police Department for violating his fourth amendment rights.

“They did not have the evidence to initiate the arrest,” he said.

Neighbors say juveniles are daily source of disturbance

Nielson told St. George News there have been ongoing issues surrounding dirt bike riders and the impact they have had on his subdivision.

Nielson’s home is at the top of a hill where the pavement ends. Beyond that is a series of hills and trails that have been used for hiking, walking and dirt biking.

It wasn’t until he moved in, Nielson said, that he realized there were juveniles riding “all over the neighborhood,” but he grew more concerned when he realized how close they were riding to his property. During one instance, he said the riders rode past two of his children playing in a sandbox next to the driveway, which not only alarmed him but threw dirt in all directions.

Much of the riding activity takes place on clearly marked private property, he said, adding that the signs have had no effect on the activity.

The land just beyond his property is privately owned and there are “private property” signs posted – including one large sign that is situated directly across from his property.

“Private property” sign posted near the top of 2000 South Street in St. George, Utah, My 25, 2021 | Photo by Cody Blowers, St. George News

He said there are juveniles riding in the area “every single day – I mean nonstop.”

St. George News canvassed the subdivision, and several residents provided comment. While one of the residents, Kyle Blake, who works from home, said he hasn’t been bothered by the riders, others residents had complaints.

Kathryn Parmley, who lives on 2580 East, said that while she hasn’t had many issues with dirt bikers riding on her street, she routinely walks her dog on the nearby trails and spends a great deal of time picking up trash where the riders frequent.

Parmley described an incident in which her vehicle was nearly struck by a golf cart being driven by a child who was “maybe 10 years old,” with a younger child riding in the back. She was turning onto her street from Rasmussen Drive when the incident took place. Even though she was able to stop in time, she said the incident was startling.

Another neighbor that lives at the opposite end of the same street shared similar comments involving golf carts and said there was an incident recently where “kids were ripping around in a golf cart” that rolled over in the middle of the road near the top of 2000 South.

One resident, Peggy Graber, who lives on 2530 East Street, said there are “boys riding ATVs and little motorcycles everyday after school,” adding that the activity typically extends into the weekend.

“Everyday – continual dust – it was horrible,” she said.

The backyard of her home is situated against the hills with an 8-foot abutment, behind which many of the trails and bike jumps are located.

This close proximity to the trails and dirt bike traffic along the hills has made entertaining in her backyard “very unpleasant,” Graber said, with the loud noise of the bikes and the influx of dust and dirt that accompanies the off-road activities.

Since the “private property” signs went up a few months ago, she said the traffic has dropped, but she noted that “the kids were up there yesterday.” She said the ATVs and dirt bikes were well within 600 feet of her residence, which she said is illegal in St. George.

Stock image, St. George News

According to St. George City Code, operation of any all-terrain vehicle is listed under the nuisance section, 41-22-1, which states, “the operation by any person of an all-terrain or recreational vehicle within six hundred feet of an inhabited dwelling is determined to be harmful to the environment because of excessive mechanical noise and dust pollution … unless it is on an improved public or private roadway designated for vehicular traffic.”

Prior to 2018, the Serenity Hills subdivision consisted of significantly fewer homes scattered along the hillside. Three years ago, there was a construction boom that resulted in hundreds of homes being built across the area. This in turn reduced the distance between the homes built against the hillside to the west of the subdivision, which is where the off-road traffic is taking place. It has also led to an increase in vehicle traffic, which many of those who spoke to St. George News said has become a hazard.

Referring to the private property claims, under Utah law, “A person may not operate or accompany a person operating a motor vehicle on privately owned land of any other person, firm, or corporation without permission from the owner or person in charge.” Violation of this statute can be charged as a class C misdemeanor.

As far as age restrictions for dirt bike and ATV riding, all riders under the age of 16 must possess an OHV education certificate at all times or a valid driver’s license to ride on public lands. They are also required to be under direct adult supervision, which is defined as oversight at a distance of no more than 300 feet, with visual contact and where advice and assistance can be given.

In St. George, anyone riding a motorcycle on city streets must be a licensed driver, St. George Police Officer Tiffany Mitchell said. In addition, a dirt bike must be street legal before it is allowed to be driven on any city street, which requires it be registered and titled, have working headlamps and stop lights, as well as a number of other requirements.

Mitchell said officers responded to the Serenity Hills subdivision on May 13 on a report of juveniles riding motorcycles, but when they arrived, she said they were unable to locate any youths riding in the area. When officers returned to the area the following day, they didn’t find any youth riding, so the call was closed out.

Then on May 17, officers again responded to a trespassing report in the area. Mitchell said they found no “no trespassing” signs posted in the area, so no action was taken.

Despite not finding any of the reported activity earlier this month, Mitchell confirmed that an ATV in the area was impounded by police Wednesday. Charges in the case were screened by the Washington County Attorney’s Office.

This report is based on statements from court records, police or other responders and may not contain the full scope of findings.

Copyright St. George News, SaintGeorgeUtah.com LLC, 2021, all rights reserved.

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