ST. GEORGE — A northern Utah man arrested in Washington County with a juvenile runaway in February appeared for sentencing in St. George. The fugitive was later arrested in Cambodia by US Marshals Service agents in April.

On June 18, the defendant, 58-year-old Philip Alan Rogers, of Davis County, appeared in 5th District Court for sentencing on one third-degree felony count of possession of a firearm by a restricted person, a charge he pleaded guilty to in February. Two misdemeanors, harboring a runaway and possession of marijuana, were dismissed under the terms of the plea agreement.

The weapons case was filed by the Washington County Attorney’s Office in February after Rogers was found with a firearm and THC while also harboring a runaway on the evening of Feb. 3, according to charging documents filed at the time of the arrest.

At the time of the arrest, a Washington County Sheriff’s deputy responded to southbound Interstate 15 near the Sunriver exit in St. George shortly after a statewide notification issued by the Layton City Police Department. The alert was sent to all law enforcement agencies to be on the lookout for a missing and endangered juvenile possibly traveling through the Southern Utah area.

The minor was believed to have left with a man not related to the adolescent, and authorities learned the suspect was heading south to Las Vegas, Nevada, in a light-colored Chevrolet Tahoe that was registered to Rogers, who was already under investigation in the case.

Rogers and the minor were spotted via security cameras at a local restaurant. Once outside, Rogers declined to speak to police about the juvenile. Deputies recovered a law enforcement badge and a handgun during a search of the Rogers’ vehicle and he was booked into jail in Washington County on the charges.

Plea and release on ankle monitor 

The defendant remained in custody until Feb. 22, when he pleaded guilty to the weapons charge and was released from jail following the plea hearing. Later that day, he was outfitted with an ankle monitor until a sentencing hearing that was scheduled the following month.

Less than 24 hours later, the monitoring company received a device tamper alert indicating the device was possibly cut or removed and the GPS signal was lost after the device went dead. Rogers later sent a text stating that he had left the United States and had flown to Cambodia — and sent a photo of his plane ticket.

He also advised the probation officer that he planned on living in the Philippines and would not be returning to the United States “to avoid prosecution and or incarceration,” the activation report states.

Rogers remained at large for more than a month before he was taken into federal custody at the end of April  and he has remained in jail since his arrest.

The sentencing 

During the sentencing hearing held last week, Prosecutor Tyler Bonzo said the state’s position was aligned with the recommendations as set forth in the presentence investigation report — which was to send the defendant to prison.

The prosecutor went on to say that despite Rogers having no criminal history, the defendant “seems to have gone out of his way to show that he’s not amenable to probation,” Bonzo added. “He  was found with a juvenile runaway who is a 17-year-old girl, and he was also found with a firearm, marijuana and a condom.”

Rogers said he was not aware that his actions were illegal, which the prosecutor said was “incredible,” given that Rogers was a former law enforcement officer.

As reported by St. George News in February, Rogers was employed as a deputy with the Davis County Sheriff’s Office until he resigned in May of 2012. According to information obtained from the Peace Officer Standards and Training Academy, the council suspended Rogers law enforcement license for one year following a review conducted on Dec. 3, 2012.

The prosecutor went on to say that even after Rogers’s release, the defendant cut his ankle monitor and fled to Cambodia. The state then had to coordinate with the US Marshal’s Office to get him back to Washington County so he could appear in court for sentencing, the prosecutor added.

Rogers’ defense attorney, Michael Laztowski, said the mention of his client’s former law enforcement career could place him at risk while serving out the potential sentence to be imposed.

As to his client’s fleeing to a foreign country, Laztowski said that Rogers had emailed him and was in the process of working with the defense attorney to get back to the country, but was apprehended by federal officers before he was able to.

“He was scared and fled,” Laztowski said. “There’s no question about it. But I don’t think it deserves a prison sentence.”

The defendant said his actions were, in part, based on being “so very stressed and afraid,” but added he meant no disrespect to the criminal justice system.

As far as leaving the country, Rogers said: “I did something colossally stupid and I deeply regret my behavior.”

Judge’s ruling 

District Judge John J. Walton, who was presiding over the hearing, said the defendant’s former police career was a “legitimate” part of the story. As was the fact that Rogers fled the country after he entered his plea to the court, it was “bizarre, to say the least.”

The judge went on to say that although the defendant had no pending charges related to the juvenile at the time of the hearing, the fact that Rogers was found with a runaway shed light on the circumstances surrounding the defendant’s actions following his arrest.

“Which are equally as bizarre as his fleeing the jurisdiction,” Walton added.

The judge said he would not lose any sleep by ordering a prison term in a case that was difficult for the court to decide.

“But I’m also a little conflicted about sending Mr. Rogers to prison when he has no criminal history,” Walton said.

In the end, the prison sentence of 0-5 years was suspended in the case. Rogers was sentenced to serve 270 days in jail with credit for time served and placed on 36 months probation with Adult Probation and Parole. He was also ordered to obtain a mental health evaluation and pay a $353 fine, as well as other standard probation terms.

This report is based on statements from court records, police or other responders and may not contain the full scope of findings. Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.