Wednesday , January 11, 2017 - 5:00 AM
OGDEN — A plot to steal an ATM in Plain City and later use a Taser to rob a cash machine serviceman was an inside job, state investigators say in court documents.
The alleged leader of the scheme, Rainier Such of Riverdale, was an ATM service company employee — and he at one point boasted of planting a camera inside an ATM he serviced in an attempt to capture customer data, according to witness statements in a 63-page state task force report filed in 2nd District Court.
Three people charged in the reported conspiracy were undone by a fourth potential conspirator who told police of the alleged plot and secretly recorded their activities for investigators, prosecutors outlined in a multiple-felony indictment against the suspects.
The informant told Utah Attorney General’s Office investigators he was recruited by Such to haul an ATM from the lobby of the America First Credit Union branch in Plain City in the predawn hours of Halloween 2016.
After the burglary failed because the machine was too heavy to load onto a getaway truck, the four discussed using a Taser to knock out one of Such’s colleagues and steal cash from an ATM the intended victim would be servicing, investigators said.
Such, 31, and Kacy Peterson, 48, of Brigham City, and Peterson’s girlfriend, Ashlee Hales, 34, of Ogden, face felony charges of aggravated robbery, theft and burglary. They have pleaded not guilty and are scheduled for trial June 19-23 before Judge Scott Hadley.
Such has been released from the Weber County Jail after posting $70,000 bail. Peterson and Hales remain behind bars, unable to make bail.
On Jan. 3, the Attorney General’s Office filed a motion with Hadley seeking to declare the recorded conversations of the alleged conspirators as admissible evidence.
The filing included a copy of the state task force investigative report, which hinges upon information provided by the informant, the audio recordings he made, and audio and video surveillance conducted by attorney general’s agents who monitored the two incidents.
Such recruited the informant, described as an ex-convict, to help with ATM robberies, the report said. The informant said Such “was planning on doing a multi-state hit and was using the Utah run as practice,” the report said.
The informant told investigators he had a criminal record and did not want to get into new trouble, the report said. In return for his help, he asked for assistance in getting a conviction reduced or expunged from his record, but investigators made no promises.
Execution of the crimes began about 3 a.m. on Halloween in Plain City, which the suspects believed would have scant police presence, and where Such said the credit union’s lobby ATM was not well-secured or monitored, the report said.
Peterson, wearing a “Scream” mask, entered the lobby, accompanied by the informant carrying spray paint he used to spray the security camera, the report said. After the men gave up with the burglary attempt, they left, and Hales later went into the lobby to retrieve the paint can, the report said.
The ATM contained at least $86,000 in cash, investigators said.
The four regrouped at Such’s house and made plans to attack an ATM serviceman — they would use his keys to open the machine and steal the cash inside, the report said.
Investigators said Such knew the service route schedules and directed Peterson and Hales to a Zions Bank branch in Kearns. In the late evening of Nov. 4, the two were in a car watching the serviceman working on an ATM, the report said. Agents approached the car and questioned and arrested the pair.
Peterson consented to a search of the car, the report said. Agents said they found a “Scream” mask, a Taser, a billy club, plus duct tape, gloves and scissors. Both suspects also possessed a small amount of heroin, the report said.
Peterson told agents it was Such’s “bright idea” to use a Taser on the serviceman.
Hales told officers Peterson and Such had been planning ATM robberies for years, according to the report. Agents said they found two ATM machines in Such’s home as well as currency counterfeiting materials.
According to the report, Such bragged about tampering with an ATM at Weber State Credit Union in Ogden. Such “stated he put a camera inside the ATM to catch people putting in their codes,” the report said.
Police told the credit union about it, and managers issued a work order to check the ATM and change its security codes, the report said.
Diebold Nixdorf spokesman Mike Jacobsen said he had no comment about the case or Such’s status with the company, which court records identified as the ATM firm involved.
“Our policy is not to comment on pending litigation,” he said.
Such’s attorney, Randall Richards, did not immediately return a phone call Tuesday.
The Attorney General’s Office, which does not comment on active court cases, has denied an open-records request for video and audio recordings related to the case. The Standard-Examiner has appealed the denial to the State Records Committee.
You can reach reporter Mark Shenefelt at firstname.lastname@example.org or 801 625-4224. Follow him on Twitter at @mshenefelt and like him on Facebook at https://www.facebook.com/SEmarkshenefelt.
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