OREM — An Orem police officer who arrested a woman for failing to water her lawn did nothing illegal, according to a report released Monday by the Utah Department of Public Safety.
"Officer (Jim) Flygare did not commit the offense of assault during the arrest of Ms. (Betty) Perry. His actions were necessary to gain physical control of Ms. Perry and to prevent escalation of the incident," according to the report released by Utah DPS.
The incident was the July 6 arrest of Perry, 70, who would not provide Flygare with her name when he asked about her brown lawn at 1568 S. 800 East.
The review by the state was done at the request of Orem Police Department of Public Safety Director Mike Larsen.
However, attorney Gloria Allred, who has been talking with Perry about her legal options regarding the incident, said she doesn't believe the review was fair.
"We do not see this as an independent investigation," Allred told the Deseret Morning News. "We feel that it is clearly biased against Betty, and it appears to us that law enforcement is out to get Betty, a 70-year-old great-grandmother who was simply trying to lead a quiet life."
Both parties agree that Perry didn't want to give her name, but the stories differ as to the incidents surrounding her arrest, which garnered international media attention.
Perry maintains she was firmly grabbed as she tried to walk into the house to call her son, then thrown down to the ground and handcuffed by Flygare.
Flygare, however, said he asked several times for Perry's name so he could write a citation. When she refused, he gently grasped her by the wrist to try to "comfort her and defuse the situation," according to the report.
As she walked back into the house "dragging" him, she tripped and fell against the door jam, which caused the injuries to her face, according to the report.
"The injuries suffered by Ms. Perry were a direct result of her stated intention to not cooperate with police officers," the report continues. "Ms. Perry's non-cooperation was the single most aggravating factor in the escalation of this incident."
Perry was then handcuffed, put in the back of a police car and taken to the Orem holding facility.
Once supervisors learned why she was there, she was released and eventually driven back to her home by another officer.
The report finishes with the determination that Flygare "acted within the scope of his duties and responsibilities and within the scope of state law."
Flygare, an officer of seven years with Orem's department and four with Pleasant Grove's, was "counseled" concerning his decisionmaking and put on desk duties after several days of paid leave following the incident. He will begin his duties again as a Neighborhood Preservation Officer today, said Orem Police Lt. Doug Edwards.
"We have maintained from the beginning the administration's belief that there were other ways to handle this situation short of taking Betty Perry to jail," Edwards said.
But Edwards adds that Flygare did nothing illegal or wrong. It is within the power of an officer to arrest anyone who is breaking the law, although many situations, such as traffic tickets, don't merit that response.
Perry's attorneys are looking at the case to determine if it merits a lawsuit against the department, said Salt Lake attorney Alyson Carter. She will jointly represent Perry, along with California lawyer Allred.
Allred has been involved in high-profile cases, including representing Amber Frey, a witness in the Scott Peterson case. Peterson was found guilty of killing his pregnant wife, Laci, in 2002.
Carter said they would consider filing an excessive force claim, as well as an unlawful arrest claim, in a civil rights lawsuit. Allred had no comment about what lawsuits, if any, would be filed.
"I believe physically she's pretty much healed," Carter said. "The bigger problem that she's having right now is just emotionally and mentally. She's just very nervous and afraid of the police, afraid of any interaction with them."
Perry wasn't actually given a citation, although the Orem City Attorney is screening the circumstances for "possible prosecution of Ms. Perry," the report states.
"It is obvious that the condition of Ms. Perry's residence was in violation of city ordinances," according to the report. "It has also been determined that, in addition to being in violation of city ordinances, Ms. Perry is also in violation of county codes related to the availability of utilities in an occupied residence."
The report also said that Perry had requested her water be shut off nine months ago and she has not had water since then. She is also using trash services without paying for them, as that charge is assessed on the water bill, according to the report.
Perry has said she's been busy traveling and staying with family and friends and had planned to sell her home. Without water or gas in the home, she eats and showers at the Orem Senior Center, according to the report and her attorney.
E-mail: sisraelsen@desnews.com