Prosecutors in Garfield County are discussing the possibility of seeking the death penalty against a man accused of shooting and killing a sheriff's deputy during a routine traffic stop outside of Escalante.
Earl Leston Barnes, 53, was charged late Monday district court in Garfield with aggravated murder.
It was also reported Monday that the entire incident was caught on audiotape.
Garfield County Sheriff's deputy David C. Jones, 44, was killed Sunday after pulling over a car driven by a man he suspected of drinking and driving. Jones placed the driver in handcuffs and put him in the back of his squad car, sheriff's spokeswoman Becky Bronson said.
That's when the passenger of the vehicle pulled a gun and shot Jones, she said.
Jones was able to return fire and hit Barnes in the chest and arm. The passenger of Colorado was listed in serious condition Monday morning at a hospital in Flagstaff, Ariz.
Both men worked at a sawmill in Escalante. As of deadline, the Garfield County Sheriff's Office was unable to release the official arrest charges for the driver. The Deseret News does not print the names of people arrested unless accompanied by a booking charge.
By late morning Monday, a search warrant was being executed at the Escalante apartment the men rented. Investigators were looking for "Rhino" bullets, commonly referred to as "cop killer" bullets, according to the warrant. The bullet that killed Jones penetrated his bullet proof vest, the warrant stated.
The shooting cast a cloud over the Garfield County Sheriff's Office in Panguitch Monday. "You can feel the shock in the air," Bronson said.
Each one of the deputies has a look on his face like he can't believe it, she said. "And I don't think they can."
The incident began about 3:30 p.m. Sunday when Jones spotted a man drinking and driving on an unpaved road about five miles south of Escalante, Bronson said.
The driver of Salina has a history of DUI, she said.
After stopping the vehicle, Jones called the police dispatcher to report the license plate number and information on the driver. He requested backup, which is routine in DUI investigations, and called a tow truck company, Bronson said.
When the tow truck driver arrived five minutes later, he found the Jones lying on his back in front of his patrol car. Paramedics pronounced him dead at the scene.
An emergency helicopter from Page, Ariz. spotted the suspects' car between Escalante and Big Water on the same road where the officer was shot. Officers arrested him without incident about 7 p.m.
Barnes had a bullet lodged in his right lung, Bronson said. He was flown to Arizona for treatment. The driver was transferred from the Garfield to the Iron County Jail late Sunday night.
A bullet was also found lodged in the back of the man's vehicle, Bronson said.
Garfield County Attorney Wallace Lee said he would confer with the Utah Attorney General's Office on whether he can file a charge of aggravated murder and if so "will likely seek the death penalty," said Bronson.
Jones had been with the sheriff's office for only 16 months. He is survived by his wife and five children ranging in age from 6 to 22. Jones was the lone deputy assigned to Escalante.
Friends say becoming a police officer and living in a small Utah town was Jones' dream.
Until he took Police Officers Standards and Training courses at Salt Lake Community College to become a certified peace officer, Jones had been in the U.S. Army full time. He moved to Escalante 16 months ago.
Previously, Jones worked for Wackenhut Corp. providing security for UTA's light-rail system for six months. He lived in West Jordan, where his wife was a full-time school bus driver for the Jordan District. Jones also did some part-time bus driving for the district, spokeswoman Melinda Colton said.
Carolyn Jones works part time at Escalante Elementary School as a bus driver and physical education aide. She also works part time at a local gas station.
KSL Radio reported Monday Carolyn Jones was the one who called the sheriff's office reporting the two men who had bought beer from her store. A spokeswoman for the sheriff's office said that information had not been confirmed as of Monday morning.
David Jones previously lived in Alabama and Louisiana before moving to Utah.
"He was a very family oriented guy," said Mike Terrell, who went through the academy with Jones. "He was very easy going, not your typical hard-nosed police officer. He treated people as friendly as he could."
Terrell said Jones had just bought a house in Escalante and was thrilled about working in a small-town atmosphere. He loved being the person the townspeople called upon when they needed help, no matter how big or small.
"He liked to help people. That's why he fit in so well down there," Terrell said. "That's the last place in the world you'd expect a deputy to be assaulted like that and killed. Everybody knows everybody."
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