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IN THE

2ND DISTRICT COURT - OGDEN

COUNTY OF WEBER, STATE OF UTAH

State of Utah

vs.
Affidavit of Probable Cause
JORGE NIETO
Date of Birth: 09/02/1996
Arrestee

On 08/25/2018 21:32 the defendant was arrested for the offense(s) of:

Offense Date Offense Description Statute Gov Code Severity DV


1 08/25/2018 KIDNAPPING 76-5-301 UT F2 No

I believe there is probable cause to charge the defendant with these charges because:
On 8-25-2018 Officer's were dispatched to 4070 S Midland DR on an assault that just occurred. I made contact
with the victim and the victim's husband. The victim stated she was walking on the walking trail behind West
Park (approximately 4700 S 2700 W) when a male came behind her and wrapped his arm around her waist with
one arm, and put his other hand around her mouth. The victim was able to fight with the suspect and free his
hand from her mouth. The victim also said the suspect was trying to drag her into the bushes. The victim then
started to scream for help, causing the suspect to flee on foot. The victim and her husband were able to find the
suspect several minutes later and was able to record the suspect with their cell phone. In the video the suspect
was wearing a gray T shirt with black writing on the front of it, dark colored jeans, blue shoes, and carrying a
black hat. The suspect was later located at Midland Elementary (4800 S 3100 W) and taken into custody. It
should be noted the male taken into custody was wearing a gray tank top, wearing dark colored jeans, blue
shoes, carrying a black hat, and carrying the same gray shirt. The suspect was transported to Roy Police
Department and questioned further. The suspect was identified as Jorge Nieto. Once at Roy Police Department
Jorge was read his Miranda Warning and he stated he understood his rights and agreed to talk. Jorge stated he
started to drink at 1400 hours and stopped drinking at 1600 hours, and then decided to go for a run around
1700 hours. Jorge stated he saw the victim on the trail and had a moment of weakness and went behind the
victim, and put his hand around her mouth. Jorge stated he had bad thoughts, and later said he wanted to touch
the victims breast but didn't. After this happened Jorge fled the scene. It should be noted Jorge stated he has
only been in Utah for four months, didn't have an ID, did not know his home address. Based on this information
it is believed Jorge poses as a flight risk.

I believe these to be additional condition(s) for continued detention:


The person would constitute a substantial danger to any other person or to the community, or is likely to flee the
jurisdiction of the court
The suspect stated he has been in the United States for four months, does not have any United States ID cards,
and does not know his home address.

Officer Name: PRESTON JOHNSON Badge ID: 85


I am a sworn officer with: UT0290200 - ROY PD
Arresting agency case number: 18RO17659 Associated citation number:

I declare under penalty of perjury and under the laws of the State of Utah that the foregoing is true and correct.
/s/ PRESTON JOHNSON
SUBMISSION IDENTIFICATION INFORMATION
Booking agency: WEBER CO SO Booking agency ORI: UT0290000
Booking agency case number: 18-15382 SID: OTN:
Booking UserID: cmikkels Booking date/time: 08/26/2018 06:58 Submission ID: 284501 (Version 1)