The administrative process of probation/parole and the decision making of some legal officers in Utah has had a deleterious and painful impact on its citizens. As a result, individuals have been unnecessarily exposed to violence resulting in their death (in some instances). This has left family and friends with a sense of betrayal on top of devastating loss. 

The following is a partial, yet disturbing list of victims within the past 30 months (2020-present) whose lives were lost because a convicted criminal was released. The criminal history and unsuccessful probation/parole of these individuals should have been enough to keep them incarcerated. The loss of these lives could have been prevented by competent government handling of violent offenders and a more stringent, legal process granting release: 

Killed: 

Yahir Duenas-Gomez (17 years old)

Shandon Scott (32 year old mother) 

Tony Martinez (39 year old father) 

Linda Nemelka (59 year old mother)

Aaron Lowe (21 year old University of Utah football player)

Farrell Bartschi (82 years old) 

Hunter Jackson (3 years old)

Odin Ratliff (3 years old) 

Morgan Harris (27 years old) 

Kidnapped and raped: 

15-year-old girl (Name withheld due to juvenile status)

Utah’s Adult Probation and Parole system is losing track of 328 parolees and probationers each month.  Many of its citizens have been murdered or harmed irreparably by these parolees and probationers. In reviewing the statistics, I believe this has happened due to:

1) Grossly inept probation officer training in conjunction with a lack of supervision  implementation and no Adult Probation & Parole (AP&P) oversight/accountability.

2) The ineffective Justice Reinvestment Initiative (JRI) resulting in unnecessary and continuously violent exposure to the public. While the intent may have been good (be compassionate to people who need drug rehab or mental health services and save $), the ramifications in actuality have been disastrous. 

3)  State statutes (Utah Code 63G-7) written with the purpose of keeping government entities and officials largely immune from legal liability. 

4) Parole Boards and judges who ignore the requests of probation officers. Many times, officers report their parolees for violations, ask for probation/parole to be revoked and their repeated requests are denied….with no ramifications (except to the unsuspecting public and future victims) when that offender commits further crime. 

These problems have affected me in a very personal and profound way. 

My daughter Morgan Kay Harris was killed when she was locked in a storage unit with her dog by her ex-boyfriend (two-time convicted felon, Alex Wardell) and it burned.  We were not privy to his criminal background until it was too late. The case is still under investigation. 

Wardell was convicted of illegal drug use and domestic violence offenses against women. His violent criminal history includes stabbing, punching, beating with a towel rod, and strangling women. Although he was convicted of two felonies, he never went to prison. He went to jail, but was released on probation. He violated probation several times. He had failed to finish drug rehab, failed to drug test, failed to show up for hearings, lied about his address, lied about employment, was caught with a weapon (new criminal charges). Each time, his probation was revoked but immediately reinstated by the same judge. 

My family and I knew none of this, but a judge who was very familiar with his criminal history kept allowing it. He was allowed to bail out 2 days before locking Morgan in a storage unit that burned. Seven weeks after his arrest, while awaiting further evidence in the investigation, the same judge ruled that Wardell could be released on his own recognizance to go to drug rehab! 

Due to bad press, it was taken in front of a different judge who, thankfully, saw the danger in that decision and it was reversed. Wardell had his chance to be a better person and prove his ability to be a productive citizen but failed. This is an atrocity that happened to Morgan, to my family and to my friends because a judge was negligent in his duty to hold a criminal accountable and protect the public. 

Wardell was allowed to bail out of jail for the fourth time by the same judge after repeatedly being asked by Wardell’s probation officer to revoke his probation. Negligence indeed and of the worst kind, resulting in a beautiful human being taken from us all. Where is the accountability of the AP&P system and a judge who clearly holds the wishes of repeat criminal offenders in higher regard than public safety  

Wendy Halloran of KUTV 2 News has been covering Utah’s Parole and Probation system for over two years. It has been in an abysmal state of confusion and chaos. Halloran reported that  AP&P procedures were blatantly not followed by the parole/probation officers. The training they give  encourages officers to give criminals second and third chances. This practice creates a culture that encourages negligent supervision of criminals and is harmful to society.

Halloran also reported that “frustrated parole agents have risked their jobs to tell 2News what’s really going on inside AP&P. Former agents claim they lost their police powers and were turned into social workers by supervisors who, more often than not, required them to give the parolee another chance instead of writing a warrant and sending it to the Board of Pardons and Parole in an effort to send offenders back to prison.”

Utah code largely provides government immunity from litigation, regardless of fault or negligence. Unfortunately some decisions, however legal, result in someone being harmed or killed. This is egregious and in no way speaks to justice for victims and their families. Why should we afford these officials protection and not its citizens?  This sets a bad example of preferential treatment to them and creates a class of “Haves” with legal protection and “Have nots” with no legal recourse when harmed. This is un-American. It is unconscionable that so many preventable deaths, kidnappings and rapes area allowed to occur. Something must change! 

Utah should be leading the way in our country and showing other states that we are open to change when change is needed for the good of its citizens. There needs to be more transparency regarding performance audits of Utah’s parole and probation system. Utah lawmakers should proudly stand tall and be able to say “We have made improvements”, or “We’ve made some mistakes and welcome feedback in  an effort to improve in the coming year.” Utah needs to take responsibility and accountability- resulting in positive change. 

In closing, it is my belief that Utah can and should vastly improve safety and fairness for its citizens by implementing change:

We are requesting that the protection afforded to politicians and state officials be re-examined considering the violence that protection allows. 

We are requesting that the practice of allowing violent criminals to violate probation over and over, and still walk free among the public come to an end. 

We are requesting an investigation into judges who repeatedly reinstate probation or parole after violations- in my case; Judge Richard McKelvie. 

We request that JRI legislation be revoked or radically amended. In theory it was supposed to save the state money by not retaining those who were not violent, and would benefit from mental health services and/or drug rehabilitation. As it stands, it has been proven to be deadly and harmful rather than helpful and financially efficient. 

Sincerely,

Laurice Williamson 

and all petitioners