Estimated read time: 4-5 minutes
- Former Ogden police officer Colten Johansen has started serving his jail term stemming from his conviction for sexual misdeeds.
- The case has sparked outrage among some on social media, particularly his 30-day jail sentence.
- Those most closely involved, however, say the case was complicated and several mitigating factors weighed in determining punishment for Johansen.
OGDEN — As a former Ogden police officer sits in jail, serving his sentence for three felony counts involving sexual misdeeds, some parts of the internet are exploding in outrage.
Given the sexual nature of the charges, some are blasting the former officer, Colten Johansen, with others taking to social media to denounce 2nd District Judge Catherine Conklin and the 30-day jail sentence she handed down as too lenient. Johansen appeared in court before Conklin last Friday, when he was sentenced, and he reported to the Weber County Jail on Monday to start serving his jail time.
At least as outlined by those involved during sentencing, however, the case was a complicated one and several mitigating factors weighed in determining punishment for Johansen. He was sentenced to three terms of one to 15 years in prison for each of three felony charges he pleaded guilty to last December, but Conklin suspended all but 30 days of the total, to be served at the Weber County Jail.
Conklin said she had "no eloquent speech" prepared in handing down the sentence. Deputy Davis County attorney Ben Willoughby called his prosecution of the case an "unpleasant task." Because Johansen was a law enforcement officer in Weber County, Davis County oversaw the investigation into the matter.
As part of a plea agreement, Johansen pleaded guilty to two counts of attempted sexual exploitation of a minor for viewing or possessing child pornography in 2024 and a count of forcible sexual abuse, all second-degree felonies. Prosecutors, in turn, agreed to recommend against prison, though they sought jail time.
The crimes came to light while Johansen was taking a polygraph test in October 2024 as part of the application process for another law enforcement job. As described during Friday's sentencing, preliminary findings of the testing indicated he wasn't being truthful, prompting the tester to prod Johansen to jog his memory for anything that might be causing the results. That's when Johansen revealed he had child sex abuse material evidence stored in the garage of his Huntsville home from his days handling such cases for the Ogden Police Department, even pinpointing where it could be found. He also said he had engaged in a brief sexual act with an infant in 1994.
He was arrested soon thereafter and formally charged on April 30 last year and his life has been on a downward spiral, Johansen said during his sentencing. His 30-year law enforcement career dates to 1994 and he had served as the Ogden police school resource officer at Ogden High School when charged, but lost that and other jobs.
"He's a pariah in the community," said defense attorney Ryan Bushell.
Indeed, in handing down her sentence, Conklin rebuked Johansen for the incident that led to the forcible sexual abuse charge. The victim testified in court on behalf of Johansen, saying he does not feel victimized by him or the incident.
But she also indicated that the attempted sexual exploitation of a minor charges for possessing or viewing child pornography wouldn't factor significantly in the sentence. Johansen maintains he only viewed adult pornography that was mixed in with the child pornography. Willoughby said the material, related to investigations from around 2007, was accessed by Johansen "for his own pleasure" and had last been accessed as recently as October 2022.
The material at Johansen's home contained "hundreds of images" of child sexual abuse material, according to the original probable cause affidavit that led to the man's arrest. But former Ogden Police Chief Randy Watt testified that Johansen assisted a task force that investigated sex crimes, and no office was willing to store child sex abuse material evidence, leading Johansen to ultimately put it in boxes in the garage at his Huntsville home.
Moreover, the judge cited what she believes to be several mitigating factors that favor Johansen. Those include the absence of any additional sexual misdeeds on par with the 1994 incident since then, his many years of service to the community in law enforcement, the victim's forgiveness and his forthrightness in disclosing the information that led to the charges.
Bushell said there were talks about fighting the charges. Ahead of sentencing, he asked for probation, home confinement and electronic monitoring for his client, but no jail time. "But ultimately Colten wanted to take responsibility for his actions," Bushell said.
Likewise, Willoughby noted Johansen's "remarkable act of honesty" in revealing the information during the polygraph test that led to the charges against him. Had he not disclosed the information, he would continue to "carry these secrets," he said. The prosecutor also noted his remorse and the victim's forgiveness as mitigating factors in his favor.
Conklin gave Johansen two days off the 30-day jail sentence for time already served and said he'd be eligible for credit for good behavior, which would whittle his jail time. Willoughby said he'd be held in the "sex-offender wing" of the jail and expressed confidence corrections officials would be able to assure his safety.
After the jail time, he's to serve 60 days of home confinement. Conklin also placed him on probation for four years. Bushell said Johansen would be required to place his name on the sex-offender registry.
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Tim Vandenack
