CEADR CITY — In a misdemeanor theft case that took more than three years to make its way through the court system, former Parowan mayor Preston Griffiths was found not guilty on Friday.
After hearing more than two hours of testimony during Friday’s bench trial in Cedar City, Judge Rita Cornish, who traveled from northern Utah’s 2nd Judicial District Court to hear the case, ruled in favor of the defendant and dismissed the single count of retail theft, a class B misdemeanor.
“I’m just glad it’s finally over,” Griffiths told Cedar City News afterward. “I’m happy with the outcome, that I was vindicated of the charges.”
The case centered on whether Griffiths had improperly given himself a 20% employee discount when purchasing ammunition from the hardware store where he worked in Parowan.
Griffiths was initially charged in March of 2019, following an investigation that was handled by outside agency Cedar City Police Department, due to Griffiths’ position as then-mayor of Parowan.
DJ Prisbrey, one of the co-owners of the hardware store, testified in court on Friday that ammunition was among the few items that were excluded from the 20% employee discount. However, Griffiths and other employees said during their testimony they were never told that they couldn’t buy ammo at the employee discount price.
Prisbrey also testified that when he and his brother took over ownership of the store in August of 2015, they didn’t make very many changes, opting to keep many of the same employees, policies and procedures in place.
One of the defense’s witnesses was Griffiths’ own mother, who said she had worked at the store for more than 30 years. She testified that the store’s long-standing policy was that they could have a 20% discount on “anything in the store,” which excluded lumber, concrete and similar items kept outside.
Griffiths, who later took the stand in his own defense, said the 20% employee discount was considered a perk for the staff.
“Because the wages weren’t that high, that was part of the perks of being an employee with Parowan Home Center,” Griffiths said. “That was their way of giving back to the employees.”
Griffiths also testified he hadn’t been secretive about his ammunition purchases. Even when he rang them up himself, he said, he typically did it while other employees were present, in full view of the store’s surveillance cameras.
Several such purchases made by Griffiths were discussed in court; however, the information in the charging document had recently been amended to narrow down two specific instances that allegedly occurred late September and early October of 2017.
Prisbrey testified that the dates of those two transactions were Sept. 29 and Oct. 6, with each involving the purchase of 1,000 .22-caliber bullets for $47.99, which was $12 off the retail price of $59.99.
Griffiths was fired the following year, in October 2018, with a written note on his final paycheck indicating that his open ticket account had been paid off and closed, with no mention of withholding additional money because of previously applied discounts, according to evidence submitted in court.
Because there did not appear to be any documents, memos or handbooks outlining the store’s employee discount policy in writing, witnesses instead relied on what they remembered having been told or what they viewed as a routine or standard practice.
The defense introduced receipts as evidence that showed at least two instances of other store employees having purchased ammunition at a 20% discount.
Also, the receipt for one of Griffiths’ ammunition purchases, with the 20% discount applied, indicated that it had been rung up by DJ Prisbrey himself, defense attorney Jim Park noted during cross-examination on Friday.
“You’ve heard conflicting testimony on both sides. I just don’t believe you can find my client guilty beyond a reasonable doubt,” Park told the court during his closing argument.
The judge ultimately agreed with the defense, handing down her 20-minute decision right after lunchtime.
The case had undergone numerous delays and continuances over the past three years. Some were COVID-related, while two judges recused themselves and yet another retired before hearing the case.
Griffiths, who served one four-year term as mayor of Parowan before losing his bid for re-election in 2021, said he’s just happy to be able to finally put the case behind him. After thanking his wife, family and friends for their support, Griffiths expressed his appreciation for his legal defense team.
“I’m truly grateful to Jim Park and his staff,” he told Cedar City News. “They were amazing. Jim was just on top of everything. I cannot thank him enough.”
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