A Provo police officer and another Provo man injured in a shootout near the Provo Boat Harbor Saturday night remained hospitalized Monday at Utah Valley Regional Medical Center in serious condition.
Officer Phil Webber, 42, is recovering from gunshot wounds to the neck and hand. Kevin Ericksen, 22, is in the hospital's intensive care unit recovering from gunshot wounds to the arm, leg, abdomen and chest.An official from the Utah County attorney's office said a probable-cause hearing was to be held before a 4th Circuit judge Monday to determine if officials could keep Ericksen in custody until he is formally charged with two counts of attempted capital homicide, first-degree felonies. The hearing is required to keep a person for more than 48 hours who has not been charged.
John Allan, deputy county attorney, said prosecutors will decide within the next few days when to file the charges against Ericksen.
Currently, Ericksen is under protective custody at the hospital until he can be transferred to the Utah County jail.
According to Utah County Sheriff David Bateman, the shooting occurred at about 6:30 p.m. when Webber and deputy sheriff Mike Morgan attempted to break up a fight near 2500 W. Boat Harbor Blvd. Bateman said the officers were returning from a report of a stolen vehicle west of Provo when they came upon Ericksen and two men fighting in the lane leading to a home near the Provo River.
According to a sheriff's report, while officers were questioning the two men, Ericksen walked down the lane to the home and returned with a .30-caliber rifle. When he was about 75 feet from Morgan's vehicle, Ericksen began shooting at the officers, the report said.
Investigators say Morgan returned fire with a shotgun and knocked Ericksen down. Ericksen sat up and again began shooting at the officers, striking Webber in the hand and sending bullet fragments into his neck. Morgan, then shooting an automatic rifle, and Webber, shooting a 9mm pistol, fired several shots at Erick-sen, hitting him six times. Investigators have not determined the total number of shots fired.
When backup officers arrived, they found both Ericksen and Webber conscious. Both were transported by paramedics to the hospital.
Investigators detained the two men involved in the fight for questioning but have not said what the fight was about. However, Bateman said the argument and the shooting were not related to the stolen-vehicle call, which turned out to be unfounded. Since the shooting involved officers from both the Utah County Sheriff's Department and Provo police, the agencies will work jointly on the investigation.
Bateman said Morgan had just come on duty and was supposed to change vehicles with another officer. That vehicle is equipped with a remote video camera and tape recorder. Had Morgan had time to make the switch, the entire shooting would have been recorded.
This is the first time in 17 years that a Utah County law enforcement officer has been shot. In 1974, Lehi police officer Lonnie Hardy was shot in the leg while responding to a robbery call. That suspect was never apprehended. Two years ago, sheriff's deputy Jeff Robinson was shot at by Lance LeCannon in Payson Canyon following a car chase. LeCannon is now serving time in the Utah State Prison.