Second attempt to prosecute Hooper fraud suspect fails

May 20 2012 - 11:11pm

OGDEN -- A second attempt to prosecute a Hooper man for communications fraud failed.

Earlier this month, 2nd District Judge Ernie Jones dismissed six felony charges against Hooper contractor Rockie Kay, who the state alleged defrauded a couple out of $136,000 when building a home for them in Box Elder County. His attorney, Sam Hood, said the statute of limitations ran out.

It was Kay's second time walking out of court innocent. In June 2011, he faced five felonies based on the same series of events, and in February, Jones dismissed them for the same reason.

The prosecution believed the "scheme continued over a period of years after he obtained (the victims') money," so the statute of limitations has not run out and the state could still prosecute him, according to court documents.

Within two days of Jones dismissing the first case, the Utah Attorney General's Office filed a new one -- 2nd District Judge Mark Decaria assigned to it -- and issued a warrant with 2nd District Judge Scott Hadley for Kay's arrest.

Decaria gave the case over to Jones, who recalled the warrant in late March and dismissed the charges at a May 3 hearing.

At a March hearing, Jones questioned why state prosecutor Denise Dalton would file a warrant when Kay had shown up to all of the previous hearings he could think of. Dalton agreed the warrant was a mistake.

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