This is an archived article that was published on sltrib.com in 2015, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
A group of Boy Scouts will not be prosecuted in connection with toppling a tree last year that fell into the path of a motorcyclist, resulting in a fatal southcentral Utah crash.
Garfield County Attorney Barry Huntington issued his decision on Wednesday, saying he had determined there was insufficient evidence that the Scouts involved in the Oct. 11, 2014 incident had the "required mental state, intent, or recklessness necessary [under state law] to reasonably convince a judge or jury they committed a crime."
Huntington said that earlier, the U.S. Forest Service had also declined to bring charges against the Scouts, boys 14-17 years of age who were members of a Fruit Heights troop given a USFS permit to cut and gather firewood.
Edgar E. Riecke, 69, of Durango, Colo., died at the scene of the accident on Utah's State Route 12 when he struck the freshly felled aspen at milepost 105.4, about 20 miles south of Torrey and 18 miles north of Boulder.
The Utah Highway Patrol initially reported that while the Scouts had a tree-cutting permit, they had not marked the roadway with warning signs, cones or flags.
Two of the boys had stepped away from the main group and used a bow saw and an ax to cut down the tree that fell into Riecke's path, according to the UHP.
However, Huntington noted that witnesses reported the boys had "tried to stop the tree from falling . . . once they realized the tree would fall upon the roadway.
In his memorandum addressed to the Utah Attorney General's Office, Huntington said that during his five-month review of the case, all law enforcement agencies — including the county sheriff's office, UHP and the Forest Service — recommended against prosecution "as the incident was a tragic accident."
State prosecutors have the authority to review county attorneys' decisions, though it is rare for them to overrule them.
Twitter: @remims