This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Two Utah men have been charged with aggravated robbery in an incident that led to a deadly shootout and car crash last month in downtown Salt Lake City.
In addition, a charge of second-degree felony possession or use of a firearm by a restricted person has been filed against 25-year-old Daniel Christopher Simon Jr., the target of the alleged robbery.
The state declined to file homicide charges against anyone.
Police allege Simon shot and killed 30-year-old Jesse Ray Rakes on Aug. 28 after the man displayed a gun and demanded his property. Police found Rakes lying on a sidewalk at 550 W. 300 South next to a car that had rolled and was resting on its roof.
Charging documents say Rakes approached Simon, falsely claimed his car battery had died and asked for a jump. Simon moved his vehicle to facilitate the jumper cables, then got out of his car and started to talk to Rakes, according to the documents.
The two men charged with aggravated robbery who were with Rakes — Matthew Gordon Eyre, 35, of Salt Lake City, and Michael Sean Polk, 34, of Grantsville — got out of the car, charges state.
Eyre — who told police that Rakes said he liked Simon's car and wanted to take it — went to the trunk to pretend to look for jumper cables, the charging documents say. Polk allegedly admitted that he knew the car had not died and popped open the hood at Rakes' instruction as part of the ruse.
Rakes then displayed a gun and told Simon and a woman who was with him, Natanni Xoumphonphackdy, "that this was a robbery" and demanded their property, the charges say.
Simon moved around to the passenger side of the car and Rakes followed him, the charges say. Xoumphonphackdy gave a gun to Simon and he showed it to Rakes, who then pulled allegedly pulled out his weapon.
Simon then shot Rakes in the hip, the charges say.
Then Simon got into his vehicle and tried to drive away but Polk hit Simon's car with his car, which flipped, according to the charging documents.
Simon gave his gun to Xoumphonphackdy, who in turn gave it to someone else, and the two parked around the corner and waited for police to arrive, the documents say.
A mob of street people stripped Rakes of weapons and other belongings before officers could arrive, according to police. After getting descriptions from witnesses of the people involved, officers spotted Polk and Eyre and arrested them.
Simon, who also was arrested, allegedly told police he knew he was prohibited from possessing a firearm because he was convicted of third-degree felony aggravated assault in 2010. He is scheduled for an initial court appearance on Wednesday.
Eyre is also set to appear in 3rd District Court on Wednesday, while Polk is scheduled for a Sept. 29 initial appearance. Charging documents allege Eyre is a member of the Silent Aryan Warriors gang and Polk is a member of the Soldiers of Aryan Culture gang.
Xoumphonphackdy was initially arrested but not charged.
Twitter: @PamelaManson