OGDEN — In a fall from grace, a former police officer hailed as a hero for stopping the Trolley Square massacre has pleaded no contest to a misdemeanor charge of sexual battery.
In a surprise plea bargain here in 2nd District Court on Monday, Ken Hammond pleaded guilty to the class A misdemeanor charge. In exchange, Weber County prosecutors dropped a third-degree felony charge of unlawful sexual conduct with a 16- or 17-year-old.
"How do you plead to sexual battery as it's amended, a class A misdemeanor?" Judge Pamela Heffernan asked him.
"No contest," Hammond replied.
The former Ogden policeman faces up to a year in jail and a $2,500 fine when he is sentenced April 21.
Prosecutors disclosed in court that Hammond responded to an apartment on a noise disturbance July 12, 2005, where the 17-year-old girl identified as "K.M." had been staying with her 18-year-old friend, whom they only named as "Jennifer." While there, Hammond initiated a field report and ran background checks on Jennifer, K.M. and the girl's mother, said deputy Weber County attorney Sandra Corp.
Hammond returned to the apartment two hours later.
"K.M. was encouraged by Jennifer to provide (a sex act) to the defendant, to which she did," Corp told the judge.
Hammond's defense attorney Brenda Beaton disputed the allegations but acknowledged in entering the no-contest plea that there was a substantial likelihood of conviction. Beaton said the possibility of a prison term and having to register as a convicted sex offender led Hammond to take the deal.
"He's at a point in his life where he would like to move forward and he would like all of this to be done with," Beaton said.
Hammond had no comment as he left the courthouse holding his wife's hand.
Hammond was decorated as a hero for his role in ending the 2007 shooting rampage at the Trolley Square mall that killed five and wounded four others. The officer was off duty and on an early Valentine's date with his wife when Sulejman Talovic, 18, entered the mall and began shooting.
Five people were killed and four were wounded before Hammond got into a shootout with Talovic, keeping him distracted until Salt Lake police arrived.
Talovic was shot and killed by police.
Deputy Weber County attorney Christopher Shaw said Hammond's hero status did not play a part in their decision to charge him but acknowledged the potential that a jury might side with Hammond was discussed. He defended their case, despite the alleged act happening more than three years ago, saying the victim was willing to testify. Prosecutors said the alleged victim supported the plea deal.
Hammond recently quit the Ogden Police Department amid an internal affairs probe connected to the criminal charges and a civil lawsuit accusing him of misconduct. Beaton said Hammond will be decertified as a police officer by the Utah Peace Officers Standards and Training Council.
Beaton refused to say where Hammond is working now.
E-mail: bwinslow@desnews.com