Former Chief of Police of Escalante, Kevin Worlton, who was terminated and is facing multiple criminal charges, has announced his intention to run for Escalante City Council. Utah law stipulates that a person with a felony conviction may not hold public office; however, as charges are still pending against Worlton, he is moving forward with his candidacy, even at the risk of being removed from office if later convicted.
Worlton spent 13 years with the South Jordan Police Department and was a SWAT Sergeant when he left in 2005. He joined the Escalante police department as the Chief of Police and sole officer in April of 2014. Worlton’s first felony charge stems from a drug arrest in December 2014, where he allegedly made statements that he had provided a suspect her Miranda rights in order to acquire a warrant, which resulted in several other arrests. Prosecutors with the Utah Attorney General’s Office claim that video evidence of Worlton speaking with the suspect show that he did not provide her a Miranda warning. This incident resulted in Worlton being charged with two felony counts of making false or inconsistent material statements under oath or affirmation and a class B misdemeanor charge of official misconduct.
The second felony charge is the result of another arrest where prosecutors allege Worlton falsified statements made by a suspect to implicate other suspects, resulting in their arrests. The probable cause statement filed by the Attorney General’s Office states that Worlton reported that a suspect implicated two others as being in possession of drugs and that he used this as a basis to receive a warrant to search the house of these two suspects. Video evidence of the interaction with the first witness shows the suspect saying she had “no clue” as to whether the other two subjects were in possession of marijuana. This discrepancy could have resulted in the initial charge of the two suspects being reduced from felony drug distribution to misdemeanor possession.
Worlton also has a pending misdemeanor charge resulting from sloppy record keeping and failing to keep reports “organized and useable.”
Because of Worlton’s refusal to testify as it might incriminate him, ten criminal cases were dismissed by the Garfield County Attorney, Barry Huntington.
“I had to dismiss them because he would not testify. We didn’t have a witness,” Huntington told The Independent. “They were dismissed without prejudice so they can be re-filed if he is exonerated of these charges, but I don’t know if I can re-file if he is convicted.”
Stephanie Steed, the Escalante city treasurer and deputy recorder, said that on the first day candidates were eligible to declare their intention to run for office, Worlton filed papers to have his name included on the ballot for the general election in November as a candidate for City Council.
Under Utah law and the State Constitution, a person convicted of a felony may not hold public office or vote until they have had their conviction expunged and their voting rights returned.
Article IV, Section 6 of the Utah Constitution states, “Any mentally incompetent person, any person convicted of a felony, or any person convicted of treason or a crime against the elective franchise, may not be permitted to vote at any election or be eligible to hold office in this State until the right to vote or hold elective office is restored as provided by statute.”
Huntington said charges are still pending against Worlton, and he has not yet even had a preliminary hearing. This makes the likelihood that he will not know the outcome of his criminal trial until after the election. If elected and later convicted, he could potentially be removed from office under Utah law.
“If I can’t hold office, I will be removed from office,” Worlton told The Independent. “We are confident that is not going to happen … I am innocent and can’t wait to have my day in court to prove it.”
Worlton, who previously served on the city zoning board, and has served as Escalante High School’s wrestling coach, says being involved with the community is his primary motive for seeking this office.
“The city has a unique opportunity, because it is in a transition period, to grow and meet the needs of residents,” he said. “I am not running because of the charges. I believe in the opportunity for Escalante to be a business hub and I would like to participate in that growth.”
Worlton said he is confident that he will be exonerated of the criminal charges facing him and will be able to serve on the City Council.
“It is not an issue at all. I had to think about the charges because of the state statute, but I wouldn’t be running if I thought I would be found guilty of these charges,” said Worlton.
Garfield County School District has seen a recent decline in enrollment numbers and has declared a state of emergency, which county commissioners blame on the federal government’s designation of the Grand Staircase-Escalante as a National Monument.
Worlton’s political platform addresses these issues by vowing to improve infrastructure, re-vitalize Main Street, and provide a business-friendly environment, all with the goal of enhancing the city’s appeal. He also wants to improve public safety by reducing crime and enhancing communication with residents. He additionally states that he wants to increase development while maintaining the city’s character by ensuring “new developments increase community value.” He furthermore has pledged to balance the city’s budget, increase transparency, and provide better fiscal responsibility.
This is not the first time the issue of candidates and criminal charges has been put under the spotlight in Utah. Even though the current law states a person may not hold a position, they are still permitted to run for the office. In 2005, a convicted felon ran against Cedar City Mayor Gerald Sherratt. Although Ernest Miller was allowed to appear on the ballot, had he won, the law would have barred him from serving in that office unless he had been able to have his voting rights restored prior to inauguration. A bill before the Utah House of Representatives in 2013 would have prevented those with pending charges from appearing on the ballot, but it was killed in committee.
