After a week's delay, a Cedar City police officer has been charged with rape by the Davis County attorney's office.
On Monday, the charge was filed against Kelvin Orton, 34, a 12-year veteran of the Cedar City police force.It stems from an incident a 17-year-old says occurred Dec. 26, 1992. Authorities were notified this past spring when a letter was sent to the Iron County attorney.
Orton will continue his duties as a detective on the police force, according to Cedar City Police Chief Pete Hansen.
"We still operate on the principle that a man is innocent until proven guilty," Hansen said.
A summons has been issued to Orton, who will be booked prior to his Dec. 22 arraignment in Fifth District Court.
Bill Maguire, investigator for the Davis County attorney, said the charge against Orton is the result of a 41/2-month investigation.
The case is being handled by the Davis County attorney's office to avoid a possible conflict of interest.
Iron County Attorney Scott Burns asked Davis County prosecutors to oversee the case after the family of the alleged victim accused him of failing to conduct a thorough investigation because he and Orton were friends.
"You knew of the matter at least eight months ago and have not acted on your findings, but appear to be creating excuses . . . due to your close relationship with Kelvin," the family wrote Burns on May 18, weeks before Burns sought a special prosecutor.
Burns has denied any wrongdoing in his handling of the investigation.
Maguire said Burns acted appropriately by getting another agency involved.
Last week, Davis County Attorney Mel Wilson said that charges wouldn't be filed until after an arson trial, in which Orton was a key witness.
Wilson said he ordered the delay in part to avoid jeopardizing Orton's testimony and to allow time to tie up loose ends.
The charge also comes in the wake of an anonymous newsletter, "The Informer," which accused Hansen and Burns of covering up the incident, Burns said. The newsletter - mailed first class from Salt Lake City - arrived at nearly every household in Cedar City on the eve of the arson trial, which began Monday.
Burns says the anonymous mailer may have been trying to sabotage Orton's credibility in the eyes of jurors and in the arson case.