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- Everett Gist, ex-Utah Adult Probation agent, pleaded guilty to stalking charges.
- Gist's probation includes a thinking errors course and a permanent stalking injunction.
- He claims wrongful termination due to political views and disputes the stalking charges.
SALT LAKE CITY — A former officer for Utah's Adult Probation and Parole who was fired for allegedly using hate speech against minority groups on social media and then posted threatening messages to his former boss after being fired has pleaded guilty to stalking.
In March this year, Everett Gist, 51, pleaded guilty in two cases in 4th District Court to stalking, a class A misdemeanor. The pleas will be held in abeyance for 18 months and dismissed thereafter if Gist is successful in complying with the terms of his probation, which include completing a thinking errors course. A permanent stalking injunction was also signed by a judge, banning Gist from communicating with Dan Blanchard and his family or going near them.
"You must stay away from the protected person if they encounter them at any other location not listed in this order. You must not communicate or have contact with the protected person and must leave. If leaving is not an option (such as at your place of employment or at a required court hearing), you must move as far away as possible to avoid any confrontation," the order states.
Gist was accused of harassing Blanchard, who was the head of Adult Probation and Parole, according to charging documents and other court documents.
On May 28, 2020, Ogden police officer Nathan Lyday was shot and killed while responding to a domestic violence call. Gist, who assisted Lyday, was also shot and injured but he was able to return fire and shot and killed the gunman.
Gist was placed on standard administrative leave pending the outcome of the shooting investigation. But while on leave, offensive Facebook posts allegedly made by Gist were brought to the attention of corrections administrators. The posts were insulting to Muslims, Latinos and Native Americans.
In December of 2020, Gist was fired from Adult Probation and Parole.
But starting in November of 2020, Gist's social media comments became directed at Blanchard with statements such as "Mr B you should have left me alone," charging documents state. Additionally, he was accused of sending a direct message to Blanchard stating that "it was personal."
On Dec. 11, 2020, Blanchard called Gist, and Gist told him "he will not stop until (Blanchard is) gone and out of AP&P," the charges state.
Gist continued sending Blanchard direct messages about his "free speech" and made public social media posts about Blanchard with statements such as, "Don't you wish it was OK to kill humans," "You're my enemy," "You brought this on, but I'll finish it," "Don't worry, I will be coming from you," and "Why hunt exotic wild animals when you can hunt humans," according to the charging documents.
"(Blanchard) stated he continued to receive messages and social media posts from the defendant until March 24, 2023. In that message, the defendant used (Blanchard's) name in the subject line and stated, 'Just remember you made me,'" the charges say. "(Blanchard) stated the messages and social media posts seemed to be about revenge and were threatening. (He) stated he was concerned for his safety and the safety of his family."
Investigators found "approximately 45 social media posts, TikTok videos, emails and videos have been sent to (Blanchard) since November 2020 through March 2023," the court documents state.
Blanchard delayed reporting the alleged threats to authorities until the appeals process for Gist's termination was completed. After being fired from the Utah Department of Corrections, Gist briefly worked for the Moab Police Department. He made headlines after being dismissed from that job and using his police radio to sign off with an obscenity.
On Dec. 15, 2023, Gist and his attorney filed a memorandum in 4th District Court in opposition to the criminal case being bound over for trial. In the court filing, Gist contends that "he was wrongfully terminated because of his political views."
Although Gist concedes that "following his termination, (he) became more active on social media. He began posting images and videos attacking (Blanchard's) administration and management in his role at the Utah Department of Corrections," he contended the charges against him should be dismissed because "the state has not established probable cause that the defendant intentionally or knowingly engaged in a course of conduct that he knew or should have known would cause a reasonable person to fear for his own safety or the safety of his family, or to suffer emotional distress," the court filing states.
Gist further argued that "militant language is frequently used to create emphasis for peaceful political actions or to express difficult circumstances," according to his memorandum. "The use of this militant language does not — by itself — imply physical threats. Similarly, the defendant's evocation of 'preparing for war' and the statement that 'Mr. B you should have been left me alone' is certainly a threat of impending action, however, it is a very ambiguous phrase and cannot reasonably be taken as a threat of physical action."
