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The decision by a federal magistrate to allow parolee Cory Lee Henderson to remain in a state treatment center after he was indicted on new gun and drug charges should be reviewed, some Utah police officers contend.
On Sunday, a month after Henderson fled from the center, he fatally shot Unified Police Department Officer Doug Barney, authorities say.
"Our feeling is that violent felons should be removed from the public," Brent Jex, president of Utah's Fraternal Order of Police (FOP) and a detective in West Jordan, said Tuesday.
In a Tuesday news release, Chief Judge David Nuffer of U.S. District Court in Utah said the court and judges are prohibited from commenting, but he expressed the "deepest sympathy" to everyone affected by the shooting.
Jex said any review of the case can occur in coming weeks, keeping attention now on honoring Barney and supporting UPD Officer Jon Richey, who was shot and wounded during the Sunday confrontation in Holladay.
Richey, 51, was released Tuesday from Intermountain Medical Center in Murray, where he was being treated for gunshot wounds to his legs. UPD tweeted that Richey "walked out of the hospital on his own two feet."
Henderson, 31, was shot and killed in the exchange of gunfire with police at about 10 a.m. Sunday near 2100 E. 4500 South. Henderson was allegedly fleeing the scene of a traffic accident.
Barney a 41-year-old father of three teens (two girls and a boy), a two-time cancer survivor and 18-year UPD veteran will be eulogized Monday at West Valley City's Maverik Center, 3200 Decker Lake Drive, beginning at 11 a.m., said UPD Lt. Lex Bell. Other funeral and burial arrangements were still being made, he added.
Barney was working overtime on Sunday, Bell said, as he often did to help pay off medical bills incurred while fighting bladder cancer. The FOP is asking any company still owed funds to forgive Barney's cancer debt, to help the slain officer's family.
Donations were being sought for Barney's and Richey's families at America First Credit Union, under the names "Doug Barney Memorial Account" and the "Jon Richey Charitable Account." For more information, contact AFCU at 1-800-999-3961.
Holladay City canceled a legislative town hall meeting that had been slated for Wednesday night and scheduled a candlelight vigil for Barney instead.
The vigil hosted by the city and the UPD officers of the Holladay Precinct and sponsored by the Salt Lake Valley Law Enforcement Association will begin at 6 p.m. in the commons area behind City Hall, 4580 S. 2300 East.
'I need ... structure' • Henderson had an extensive criminal history, including numerous federal and state firearms and drug-related charges. He had been paroled from state prison April 28, 2015, after serving 14 months.
That term followed Utah Sentencing Commission guidelines, said Utah Board of Pardons and Parole spokesman Greg Johnson Tuesday. Henderson's third-degree felony conviction for possession of a firearm by a restricted person called for a zero-to-five-year term, with the guidelines recommending 18 months. Additional time was cut for his completion of a drug-treatment program in prison.
Less than two months after his release, a fugitive warrant was issued for Henderson by the parole board on June 4 after he absconded from supervision. He was back in prison in October due to parole violations.
At a Nov. 4 parole board hearing about three weeks before new federal charges were filed Henderson pleaded guilty to six allegations related to absconding from parole. He was ordered to spend 60 days behind bars an additional 30 days in prison added to the 30 days he already had served while awaiting the hearing which is the maximum under sentencing guidelines for a first parole violation.
He was then sent to Adult Probation and Parole's Fortitude Treatment Center. Henderson had asked during the Nov. 4 hearing to go to the center, saying, "I feel I need a little more structure."
On Nov. 24, a federal grand jury in Salt Lake City indicted Henderson on charges of being a felon in possession of a firearm and ammunition, possession of methamphetamine with intent to distribute and possession of a machine gun in furtherance of a drug trafficking crime.
The indictment alleged Henderson committed those crimes on or about Oct. 3, while he was still being sought by state authorities.
U.S. Magistrate Judge Evelyn Furse on Dec. 7 agreed to let Henderson remain at the Fortitude Treatment Center, pending further proceedings on the federal charges, according to court records.
In declining to comment, Nuffer explained Tuesday: "The records of the court, including audio recordings of the hearings are available to the public, and all hearings are open to the public, but the court and judges are prohibited from commenting outside court on specific cases."
In a written agreement, the center said it would supervise Henderson, "use every effort" to ensure he appeared at all scheduled proceedings and notify the federal court if he violated any release conditions.
Questions remain • On Dec. 18, Henderson walked away from the facility, at 1747 S. 900 West. That prompted the issuance of an arrest warrant Dec. 21, and police had been looking for Henderson ever since.
The Metro Gang Unit reportedly had been seeking him in the Holladay area Saturday night, just hours before the crash at 2300 East and 4500 South at 9:50 a.m. Sunday.
Henderson had fled on foot after reportedly running a red light. Minutes later, Barney, alone, encountered Henderson just a couple of blocks away.
Neighbors reported hearing a single gunshot and then saw Barney surrounded by fellow officers. Barney died a short time later at the hospital. Bell said Barney's gun was still locked in its holster.
About 10 minutes after Barney was shot, Richey and other officers located Henderson near 2100 E. 4500 South. Henderson was fatally shot in an exchange of gunfire, police have said.
Salt Lake City police are investigating the shootings. Detective Robin Heiden said Tuesday that a pending autopsy on Henderson should answer questions about how many times and where he was shot.
Also to be determined, she said, are the number of shots fired by both sides neighbors had estimated more than two dozen and by whom; what sort of handgun Henderson had and how, as a restricted felon, he obtained the weapon.
Heiden confirmed that detectives found and questioned a female passenger in Henderson's car, who also had run from the crash scene. The woman, described only as in her 20s, was believed uninvolved in Henderson's actions and released after questioning.
Last year, Utah was one of 17 states, as well as the District of Columbia, that had no officer deaths in a job-related incident. The last line-of-duty death in the state was that of Utah County sheriff's Sgt. Cory Wride, who was slain Jan. 30, 2014.
Some 10,000 people are expected at Barney's funeral, the first for the Unified Police Department since it was formed in 2010 to serve Salt Lake Valley communities. JetBlue is flying law enforcement from around the country to Salt Lake City for free so they can attend the funeral.
"We are honored to help," a statement from the airline says."We have a long history of supporting public service professionals in our hometown of New York, as well as the many other places JetBlue crew members live and work."
Tribune reporters Michael McFall and Matt Canham contributed to this report.