JEFFREY R.

BUHMAN #7041
Utah County Attorney
MARIANE OBRYANT #5442
Deputy Utah County Attorney
100 East Center, Suite 2100
Provo, Utah 84606
Email: dcourt@utahcounty.gov
Phone: (801) 851-8026
Fax: (801) 851-8051

IN THE FOURTH JUDICIAL DISTRICT COURT

UTAH COUNTY, STATE OF UTAH

STATE OF UTAH, INFORMATION

Plaintiff,

vs.
Case No. _________________
HOMER WORKMAN
1455 S State Street Judge: ___________________
Provo, UT 84606
DOB: 03/09/1949 OTN: ____________________

KELLY TAYLOR ELLIS Case No. _________________

12903 S 300 E
Draper, UT 84020 Judge: ___________________
DOB: 08/31/1953
OTN: ____________________
Defendants.

The State of Utah, by and through Mariane OBryant, Deputy Utah County
Attorney, charges the defendant with the commission of the following offense:

COUNT 1: MANSLAUGHTER, a second degree felony, in violation of Utah Code Ann

76-5-205, in that on or about June 1, 2018, in Utah County, the defendants, Homer
Workman and Kelly Taylor Ellis did (a) recklessly cause the death of another;
(b) intentionally, and with knowledge that another individual intends to commit suicide
or attempt to commit suicide, aids the other individual to commit suicide;
(c) commit a homicide which would be murder, but the offense was reduced pursuant to
Utah Code § 76-5-203(3); or
(d) commit murder, but special mitigation was established under Utah Code § 76-5-
205.5.

OR in the alternative:

COUNT 1: CRIMINAL HOMICIDE, NEGLIGENT HOMICIDE, a class A

misdemeanor, in violation of Utah Code Ann 76-5-206(1), in that on or about June 1,
2018, in Utah County, the defendants, Homer Workman and Kelly Taylor Ellis did,
acting with criminal negligence, cause the death of another.

COUNT 2: RECKLESS ENDANGERMENT, a class A misdemeanor, in violation of

Utah Code Ann 76-5-112, in that on or about June 1, 2018, in Utah County, the
defendants, Homer Workman and Kelly Taylor Ellis did, under circumstances not
amounting to a felony offense, recklessly engage in conduct that created a substantial risk
of death or serious bodily injury to another person.

COUNT 3: NO RENTAL DWELLING LICENSE, a class B misdemeanor, in violation

of Provo City Code 6.26.020, in that on or about June 1, 2018, in Utah County, the
defendants, Homer Workman and Kelly Taylor Ellis did keep, conduct, operate or
maintain a rental dwelling or a short-term rental dwelling within the City without a
business license for such dwelling. A person who owns multiple-rental dwellings or
multiple buildings containing rental dwellings is not required to obtain more than one (1)
business license for the operation and maintenance of those rental dwellings.

COUNT 4: FAILURE TO MEET MINIMUM HEALTH AND SAFETY STANDARDS,

a class B misdemeanor, in violation of Provo City Code 6.26.100, in that on or about June
1, 2018, in Utah County, the defendants, Homer Workman and Kelly Taylor Ellis did
meet the building code requirements necessary to achieve, or be mitigated to the
satisfaction of the Chief Building Official to achieve: (1) structural integrity; (2) proper
installation, maintenance and operational condition of all plumbing, electrical, and
mechanical systems;(3) appropriate exiting; (4) properly constructed and located
stairways, including consistent rise and run of stair treads; (5) appropriate bedroom
egress windows, including proper sill height and size of window openings and window
wells for basement rooms; (6) minimum bedroom floor area; (7) adequate guardrails; (8)
proper backflow prevention devices; (9) appropriately located and operational smoke
alarms; (10) watertight and sound roofing systems; (11) fire-rated separation between
dwelling units; and (12) properly placed street addressing.

COUNT 5: VIOLATION OF CONDITIONAL USE PERMIT, a class C misdemeanor, in

violation of Provo City Code 14.02.070, in that on or about June 1, 2018, in Utah County,
the defendants, Homer Workman and Kelly Taylor Ellis did use, contrary to the
Conditional Use Permit.
COUNT 6: ILLEGAL CARETAKER FACILITY, a class C misdemeanor, in violation of
Provo City Code 14.24.020, in that on or about June 1, 2018, in Utah County, the
defendants, Homer Workman and Kelly Taylor Ellis did use as a caretaker dwelling a
facility that was not occupied or rented by an employee or subcontractor of the legal
entity which owns the principal being cared for and said caretaker was not employed at
least 50% of the time as an employee or subcontractor of the legal entity which occupied
main buildings on the subject property.

PROBABLE CAUSE STATEMENT: Paul Shade of the Provo Police Department,

having probable cause to believe that the defendants committed the above-listed offense,
submitted the following evidence in support of the filing of this Information: On June 1,
2018, in Provo, a fire occurred in a building in which 2 people were living. One of the
occupants was unable to exit the building, which had exterior windows and a door
blocked off, and passed away from smoke inhalation. Investigators were unable to
determine the cause of the fire but were able to eliminate electrical or accelerants as
causes. The tenants had been using candles for light since the electricity had been turned
off.

Both defendant Workman and defendant Ellis had been informed by the city that the
structure could not be lived in without meeting upgrade requirements to meet the city
code for a caretaker residence. The city also informed the defendants that in order to have
a caretaker residence there needed to be a business license. The license was never
obtained.

Both defendants were informed of the issues beginning in 2012 and the city continued to
try to work with them through the years to bring the property up to standard. The city
granted a conditional use permit which required improvements to the property, but the
improvements were never made. Neither defendant made any of the required
improvements which would have permitted a person to live in the building on the
property.

After defendants Workman and Ellis were informed in 2012 that the building could not
be used as a residence without additional work being done on it defendant Workman
moved out about and began renting the space to others, including the victim. Defendant
Ellis was aware of the arrangement and continued to accept rent from defendant
Workman.
Defendant Workman, who had rented the apartment to the victims, had the electricity
turned off on May 29, 2018 without telling the victims. When defendant Workman went
into the city offices to turn off the power, he asked if there was a law against turning off
the power if there were squatters. The property owner, defendant Ellis, was aware of the
electrical cut off.
Defendant Ellis described the building as a "death trap" and a "tinderbox" but made no
effort to remove residents from the building, continuing to accept rent money from
defendant Workman, who accepted rent money from the victims. Defendant Ellis was
aware that the building was too high a risk to be insured. Defendant Ellis also knew there
were no smoke detectors in the building. Another property owned by defendant Ellis had
burned down 2 years prior to this fire. That building was also not able to be insured and
had no smoke detectors.

This is a summons case.

Based upon evidence received from Paul Shade of the Provo Police Department, I have
reason to believe the defendants committed the offense as charged herein.

Authorized for presentment and filing this 28th day of November, 2018.

UTAH COUNTY ATTORNEY’S OFFICE

Sworn to by:

/s/ Mariane OBryant

Mariane OBryant
Deputy Utah County Attorney