Gage H.

Arnold, #13035
Deputy Davis County Attorney
P. O. Box 618
800 West State Street
Farmington UT 84025
Telephone: (801) 451-4300
Fax: (801) 451-4328
garnold@co.davis.ut.us

_____________________________________________________________________________

IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT

IN AND FOR THE COUNTY OF DAVIS, STATE OF UTAH

THE STATE OF UTAH

Plaintiff,
vs. INFORMATION
KELTON KERIDON GALLAGHER
DOB: 07/5/1995 CASE #
ADDRESS: 244 N 100 W
Bountiful, UT 84010 OTN: 55468508

Defendant.

The undersigned prosecutor states on information and belief that the defendant, either

directly or as a party, at County of Davis, State of Utah, committed the crime(s) of:

COUNT 1

WRONGFUL APPROPRIATION, a Third Degree Felony, in violation of Utah

Code Ann. § 76-6-404.5, as follows: That the above named defendant, on or about March 14,

2019, did obtain or exercise unauthorized control over the property of another, without the

consent of the owner or legal custodian and with intent to temporarily appropriate, possess, or

use the property or to temporarily deprive the owner or legal custodian of possession of the

property, and

(i) the value of the property or services was or exceeded $5,000; or

 (ii) the property taken was a firearm or an operable motor vehicle;

(iii) actor was armed with a dangerous weapon, as defined in Utah Code Ann. §

76-1-601, at the time of the appropriation; or

(iv) the property was taken from the person of another.

COUNT 2

WRONGFUL APPROPRIATION, a Third Degree Felony, in violation of Utah

Code Ann. § 76-6-404.5, as follows: That the above named defendant, on or about March 14,

2019, did obtain or exercise unauthorized control over the property of another, without the

consent of the owner or legal custodian and with intent to temporarily appropriate, possess, or

use the property or to temporarily deprive the owner or legal custodian of possession of the

property, and

(i) the value of the property or services was or exceeded $5,000; or

(ii) the property taken was a firearm or an operable motor vehicle;

(iii) actor was armed with a dangerous weapon, as defined in Utah Code Ann. §

76-1-601, at the time of the appropriation; or

(iv) the property was taken from the person of another.

COUNT 3

INTERFERENCE WITH ARRESTING OFFICER, a Class B Misdemeanor, in

violation of Utah Code Ann. § 76-8-305, as follows: That the above named defendant, on or

about March 14, 2019, did have knowledge, or by the exercise of reasonable care should have

knowledge, that a peace officer was seeking to effect a lawful arrest or detention of the defendant

or another and interfered with the arrest or detention by:

(1) the use of force or any weapon;

 (2) the arrested person's refusal to perform any act required by lawful order:

(a) necessary to effect the arrest or detention; and

(b) made by a peace officer involved in the arrest or detention; or

(3) the arrested person's or another person's refusal to refrain from performing any

act that would impede the arrest or detention.

COUNT 4

POSSESSION OF DRUG PARAPHERNALIA, a Class B Misdemeanor, in

violation of Utah Code Ann. § 58-37a-5(1), as follows: That the above named defendant, on or

about March 14, 2019, did use, or possess with intent to use, drug paraphernalia to plant,

propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare,

test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce a

controlled substance into the human body in violation of Utah Code Title 58, Chapter 37a.

This Information is based on evidence obtained from witness Travis Timothy.

PROBABLE CAUSE STATEMENT: The undersigned prosecutor is a Deputy

Davis County Attorney and has received information from the investigating officer, Travis

Timothy of the Woods Cross Police Department, and the information herein is based upon such

personal observations and investigation of said officer.

At approximately 9 a.m. on March 14, 2019, a man later identified as Kelton

Gallagher entered the Smith's grocery store in Woods Cross, Utah. He climbed on one of

Smith's motorized shopping carts, left the premises, and drove the cart across Highway 89 to an

apartment complex. Employees from Smith's called the police to report what Gallagher did, but

he wasn’t found at that time.

 At approximately 7 p.m., Gallagher returned to the Smith's, selected over $400

worth of merchandise, and then left the premises again on a different motorized shopping cart.

This time, two Smith's employees chased Gallagher down and got the merchandise and cart back

from him. The manager for Smith's said the value of one of the carts exceeds $5,000.

Not to be deterred, Gallagher returned for the third time to the Smith's at 9 p.m.,

but this time Officer Timothy with the Woods Cross Police Department found Gallagher.

Officer Timothy told Gallagher that he needed to talk with him and as Officer Timothy went to

detain him, Gallagher started to clinch up and resist Timothy's attempts to put handcuffs on his

wrists. Officer Timothy took Gallagher to the floor where he continued to resist arrest. Finally,

after being advised he would be tazed and with the assistance of a passerby, Gallagher submitted

to custody.

Jailers later advised that a straw with a dark substance was found on Gallagher's

person when he was searched into the jail. Gallagher is currently on misdemeanor probation for

a controlled substance violation.

Authorized March 20, 2019

for presentment and filing:

TROY S. RAWLINGS
Davis County Attorney

By /s/ Gage H. Arnold

Deputy Davis County Attorney