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Man shot, killed by police released from jail 2 days earlier

Unsigned charging documents led to release from custody

A man died after police said he was shot by an officer near Cherry Leaf Drive in West Jordan on Thursday, Oct. 11, 2018.
FILE - A man died after he was shot by an officer in West Jordan on Thursday, Oct. 11, 2018, police said.
Andrew Adams, Deseret News

WEST JORDAN — The man shot and killed by West Jordan police Thursday after threatening his ex-girlfriendhad been arrested for threatening the same woman less than a week earlier and had previously stated his desire to have officers shoot him, according to police records.

Diamonte Riviore, 22, was booked into the Salt Lake County Jail on Oct. 5 after police say he hit his girlfriend and their baby with a lamp, then threatened to stab the woman with a knife. But he was released from jail Tuesday because prosecutors had not filed formal charges against him.

The district attorney says West Jordan police waited too long to come into his office to sign the proper paperwork. Had they done so, Riviore likely wouldn't have been released from jail.

The investigation into the officer-involved shooting death of Riviore continued Friday as more details about what led up to the deadly confrontation were discovered.

Thursday afternoon, Riviore went to a home off Cherry Leaf Drive at the Liberty Landing housing development near 7000 South where his ex-girlfriend lives. The woman is also the mother of Riviore's child, according to police.

At some point after Riviore arrived, the woman sent a text to a family member with a code word signifying that she needed help, said West Jordan Police Sgt. JC Holt. Three West Jordan police officers responded.

The woman was able to answer the door and let the officers in, he said. The officers immediately came in contact with Riviore, who was holding a knife, according to Holt. After refusing to put the knife down, two officers deployed their Tasers, which were ineffective, he said.

The third officer then used his gun, shooting and killing Riviore.

What Riviore was doing with the knife at the time he was shot will be part of the investigation being conducted by Unified police. Holt noted that Riviore was in "close proximity" to the officers when he was shot.

Neither the ex-girlfriend nor the infant child were injured.

The officer who fired the shot has been with the department for less than two years, Holt said. He remained on standard paid administrative leave Friday pending the outcome of the investigation.

The incident occurred just two days after Riviore was released from the Salt Lake County Jail after allegedly committing a similar threat against the woman.

On Oct. 5, Riviore was arrested for investigation of aggravated assault, assault, child abuse, criminal mischief and domestic violence in the presence of a child.

West Jordan police had responded to the same residence, where the girlfriend reported that she was holding their 10-month-old child when Riviore "allegedly grabbed a lamp and threw it at the victims, hitting the primary victim in the face. The lamp also hit the child victim in the face," according to a Salt Lake County Jail report.

Riviore then grabbed a knife and told the girlfriend, "See this? I will (expletive) stab you with it if you don't stop," the report states.

The woman locked herself in the bathroom and called police. Riviore forced his way in and pushed the woman, who was still holding the young child, into the tub, according to the report.

By the time police arrived, Riviore had put the knife down, Holt said. He was booked into jail but released four days later on Tuesday because no formal criminal charges had been filed against him, according to the jail.

An inmate can be held in jail for no more than 72 hours before prosecutors are required to file charges unless they receive an extension from a judge.

Salt Lake County District Attorney Sim Gill said the paperwork for West Jordan police to sign to formally file charges and issue a warrant for Riviore that would have held him in jail was ready to go before 9:30 a.m. Tuesday. But because no one from West Jordan police showed up by 5 p.m. that day, Riviore was released from jail.

A West Jordan officer signed the warrant Thursday morning, according to Gill.

Holt acknowledges that his department did not make it to the district attorney's office by 5 p.m. on Tuesday and says there are no excuses. However, he said his department has been advocating for an electronic signature system to avoid scenarios like Riviore's. He said on some days, it is a strain on resources for his department to send an officer from West Jordan to downtown Salt Lake City to sign documents.

In February, West Jordan police also arrested Riviore for aggravated assault and domestic violence at the same address against the same victims. At that time, Riviore held a "knife to the victim's throat while he held the victim against the wall," according to a police report.

He then strangled the woman with his hands, police say.

"During both assaults the victim was holding their baby in her arms," according to the report.

In 2017, Riviore was charged with 911 abuse and with not appearing in court. It was during that time that Riviore sent a letter to the judge in the case explaining that he was back in California.

"The problem I am currently facing is that I'm homeless and unable to get to Utah on my own. To explain further, I've been homeless since before my charges. When I was charged it was due to an attempt of suicide by cop which I decided not to go through with. When I was arrested I was sent to a mental hospital," his letter states.

Riviore further went on to write that he "was desperate to kill myself" at that time.

A judge eventually sentenced Riviore to suspended jail time and ordered him to receive mental health treatment. But in a letter to the court on May 24 from Valley Behavioral Health when the court was checking up on Riviore's progress, the facility responded, "We don’t have anyone in our system under that name."

Riviore's probation was revoked for failing to comply with the conditions outlined, and he was sentenced to jail, according to court records.

The couple's volatile relationship dates back to 2016 when the woman filed for a protective order against Riviore. That came about the same time he was charged with assault in Midvale Justice Court. That case was later dismissed after a bench trial date was already set, court records state.

Help for people in abusive relationships can be found by contacting the YWCA's Women in Jeopardy program at 801-537-8600, or the confidential statewide Domestic Violence Hotline at 800-897-LINK (5465). Resources are also available online at