ST. GEORGE — A traffic stop that led to the arrest of two northern Utah men for drug distribution was called into question when issues with the search of the vehicle came to light, prompting the state to ask the court to dismiss both cases.
The cases were filed against two defendants — Thomas Jason Vu, 44, of Herriman, and Mark D. Leavitt, 50, of Salt Lake County — who were each charged with second-degree felony possession with intent to distribute a controlled substance following a traffic stop in Washington City in Dec. 6, 2023.
The cases stem from an incident when both men were arrested by a Washington City police officer, who observed a purported lane violation on northbound Interstate 15 and began to follow an SUV with Florida plates, according to court documents.
The SUV exited the interstate heading south on Washington Parkway, where the report alleges the driver failed to come to a complete stop. The officer who conducted a traffic stop on North Hoodoo Way in Washington City spoke to the driver, identified as Vu, who said he was driving a rental vehicle, while the passenger was identified as Leavitt.
A K-9 deputy with the Washington County Sheriff’s Office responded to assist. When the animal indicated to the possible presence of narcotics, the SUV was searched. A loose panel in the cargo area of the SUV caught the officers’ attention. When the panels were opened they recovered roughly five pounds of suspected methamphetamine.
Both suspects were booked into jail on second-degree felony distribution charges and the pair was held without bail.
Both men were formally charged the following day. As the two cases made their way through the courts, both were set for preliminary hearings. Leavitt’s preliminary hearing on Jan. 22 prompted the judge to bind the case over for further prosecution. The case was set for an arraignment hearing to be held in February.
The hearing was moved to Jan. 30, eight days after the preliminary hearing, which is when prosecutor Glen Cella told the court that after further review of the case, there were some “some problems with the search.” In the interest of justice, he asked the court to dismiss the charges.
District Judge Jay Winward said the case would be dismissed and he ordered that Leavitt be released from jail “immediately.”
St. George News contacted Cella, who said the issues with the search arose after he forwarded the case to the U.S. Attorney’s Office to be reviewed for possible federal charges.
When federal prosecutors declined to take the case citing probable cause issues, Cella said he took a deeper look and had the case screened by several prosecutors in the Washington County Attorney’s Office. It was determined there were some issues with the search, as he stated in court.
The case against the driver, Vu, who was released on his own recognizance on Jan. 26, was also dismissed after the state, represented by prosecutor Rick Erickson, requested a hearing before District Judge Keith C. Barnes on March 7. He signed the order that was filed with the court on Tuesday.
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.
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