CHRISTOPHER F. ALLRED, NO.

7801
WEBER COUNTY ATTORNEY
TERAL L. TREE, NO. 10723
DEPUTY COUNTY ATTORNEY
2380 WASHINGTON BLVD., STE 230
OGDEN, UT 84401-1464
Telephone: (801) 399-8377

IN THE SECOND JUDICIAL DISTRICT COURT OF WEBER COUNTY

STATE OF UTAH, OGDEN DEPARTMENT

STATE OF UTAH, INFORMATION

Plaintiff,

vs. CASE NO.

ROBERT JESS DE LA PENA, JUDGE

AKA ROBERT JESS DELAPENA
DOB: 09/08/1990 OTN# 57742850

Defendant.

The undersigned TERAL L. TREE, DEPUTY COUNTY ATTORNEY, under oath states on information
and belief that the defendant, in WEBER COUNTY, STATE OF UTAH, committed the following
crime(s):

COUNT 1: AGGRAVATED ASSAULT (DOMESTIC VIOLENCE), a Third Degree Felony, in violation

of Utah Code Ann. § 76-5-103, as follows: That the above named defendant, on or about September 28,
2018, did (i) attempt, with unlawful force or violence, to do bodily injury to another;
(ii) threaten, accompanied by a show of immediate force or violence, to do bodily injury to another; or
(iii) commit an act, with unlawful force or violence, that caused bodily injury to another or created a
substantial risk of bodily injury to another, and that includes the use of:
(i) a dangerous weapon as defined in Section 76-1-601.
Furthermore, the defendant was a cohabitant of the victim.

COUNT 2: AGGRAVATED ASSAULT (DOMESTIC VIOLENCE), a Third Degree Felony, in violation

of Utah Code Ann. § 76-5-103, as follows: That the above named defendant, on or about September 28,
2018, did (i) attempt, with unlawful force or violence, to do bodily injury to another;
(ii) threaten, accompanied by a show of immediate force or violence, to do bodily injury to another; or
(iii) commit an act, with unlawful force or violence, that caused bodily injury to another or created a
substantial risk of bodily injury to another, and that includes the use of:
(i) a dangerous weapon as defined in Section 76-1-601.
Furthermore, the defendant was a cohabitant of the victim.
COUNT 3: OBSTRUCTING JUSTICE, a Third Degree Felony, in violation of Utah Code Ann. § 76-8-
306(1), as follows: That the above named defendant, on or about September 28, 2018, did , with intent to
hinder, delay, or prevent the investigation, apprehension, prosecution, conviction, or punishment of any
person regarding conduct that constituted a criminal offense,
(1)(a) provide any person with a weapon;
(b) prevent by force, intimidation, or deception, any person from performing any act that might aid in the
discovery, apprehension, prosecution, conviction, or punishment of any person;
(c) alter, destroy, conceal, or remove any item or other thing;
(d) make, present, or use any item or thing known by the actor to be false;
(e) harbor or conceal a person;
(f) provide a person with transportation, disguise, or other means of avoiding discovery or apprehension;
(g) warn any person of impending discovery or apprehension;
(h) warn any person of an order authorizing the interception of wire communications or of a pending
application for an order authorizing the interception of wire communications;
(i) conceal information that was not privileged and that concerned the offense, after a judge or
magistrate had ordered the actor to provide the information; or
(j) provide false information regarding a suspect, a witness, the conduct constituting an offense, or any
other material aspect of the investigation; and
(2)(a) the conduct that constituted a criminal offense would be a second or third degree felony and the
defendant violated Subsection (1)(b), (c), (d), (e), or (f);
(b) the conduct that constitutes a criminal offense would be any offense other than a capital or first
degree felony and the actor violated Subsection (1)(a);
(c) the obstruction of justice was presented or committed before a court of law; or
(d) it was a violation of Subsection (1)(h);

COUNT 4: CHILD ABUSE, a Class B Misdemeanor, in violation of Utah Code Ann. § 76-5-109(3)(b),
as follows: That the above named defendant, on or about September 28, 2018, did
(a) recklessly inflict physical injury upon a child; or
(b) having the care or custody of such child, recklessly cause or permit another to inflict physical injury
upon a child.

COUNT 5: DAMAGE TO OR INTERRUPTION OF COMMUNICATION DEVICE (DOMESTIC

VIOLENCE), a Class B Misdemeanor, in violation of Utah Code Ann. § 76-6-108, as follows: That the
above named defendant, on or about September 28, 2018, did attempt to prohibit or interrupt, or
prohibited or interrupted, another person's use of a communication device when the other person was
attempting to summon emergency aid or had communicated a desire to summon emergency aid, and in
the process the defendant:
(a) used force, intimidation, or another form of violence;
(b) destroyed, disabled, or damaged a communication device; or
(c) committed another act in an attempt to prohibit or interrupt the person's use of a communication
device to summon emergency aid. and furthermore the defendant was a cohabitant of the victim.

PROBABLE CAUSE: On 09/28/2018 I responded on a weapons disturbance in which the complainant

stated that their step father, Robert Delapena (Robert) had a gun and was threatening to shoot the family.
Dispatch informed me that the complainant was a 12 year old male, and that he stated that Robert had a
.44 caliber revolver. Dispatch stated that the complainant said that Robert had hit his 16 year old sister.

I arrived on scene and saw three children screaming and crying. The children were standing in a yard
between a home and an RV that was parked on the street. The children then told me that their stepdad
Robert had a gun and that he was in the RV alone with their mother. One of the children then told me that
Robert was trying to leave the RV. I observed a male climbing out the front door. I pointed my firearm at
the male and told him to put his hands in the air. Robert yelled “shoot me!” I told Robert to keep his
hands in the air. Robert then yelled, “fuck you!” before slamming the RV. Knowing that Robert was
possibly armed, I feared for my safety and the safety of the children standing behind me, and deployed
my taser. The probes struck Robert in the chest, causing him to collapse instantly. I then moved in and
placed Robert in handcuffs. Robert was placed in my patrol car.

I then had Robert’s girlfriend (the children’s mother) step out of the RV. The girlfriend advised me that
Robert had ditched the gun inside. I entered the home, and that it when I found the gun in the cat food
dish, partially buried.

Officer’s began talking separately to the children and the children’s mother about what had happened. All
of their stories were consistent, and it was discovered that the children had heard a disturbance in the
trailer. The children then entered the trailer and observed Robert physically assaulting their mother. The
12 year old child attempted to step in between Robert and his mother, but Robert struck the 12 year old in
the center of the chest, knocking him back. The 15 year old girl then attempted to stop the assault when
Robert pushed her down, causing her to hit her head. The third child witnessed the entire incident, but
was not physically harmed. It was also made clear that Robert had drawn the gun from the holster and
then pointed it at all three children, and the children’s mother. Robert threatened them with the gun prior
to running for the door and heading into the house with the gun. Robert then placed the gun in the cat
food. The children stated that after Robert had left, they all exited the trailer and called 911. Robert came
back to the trailer, saw that one of the children was calling the police, and grabbed her phone and threw it,
causing significant damage to the phone. It appears that the call never disconnected, but that he did
intentionally take the phone after knowing that the police were being called.

I spoke to Robert who admitted that he and the children’s mother had gotten in a physical altercation.
Robert also admitted that he had possessed the gun and removed it from the holster. Robert also stated
that he had placed the gun in the cat food dish. When I asked Robert if he was under the influence of
anything, Robert informed me that he would have meth in his system because he used meth
approximately 3 days ago. Robert did consent to having his blood drawn.

This information is based on evidence obtained from the following witness(es):

NIGIL LEROY BAILEY, Ogden City PD
RACHEL WALKER, Ogden City PD

DATED this 3rd day of October, 2018.

Authorized for presentment and filing:

By /s/ TERAL L. TREE

TERAL L. TREE
DEPUTY COUNTY ATTORNEY