BRIGHAM CITY -- A judge has ordered a psychosexual evaluation for a former Box Elder County Sheriff's deputy fired, charged and sued for allegedly pulling motorists over and checking the young females for tattoos.
Scott Womack, 36, is charged in five different courts for the alleged tattoo scam.
In addition to 1st District Court here, Womack also is charged with the allegations in Box Elder County Justice Court and the justice courts for Garland and Tremonton. The charges in the four courts recount six incidents in which women were searched under the ruse of checking for tattoos described in warrants that did not exist.
All of the incidents came between July and November 2010, when Womack was on patrol for the sheriff's office.
He's also charged with eight misdemeanors listing eight victims in federal court in Salt Lake City for the same type of illicit encounters in the same time frame investigated by the FBI. Two alleged victims have filed a civil suit in federal court.
First District Judge Ben Hadfield ordered the psychosexual probe this week. The request for the examination was agreed to by the prosecutor when sought by the defense. Hadfield set a Nov. 19 hearing to review the evaluation meant to determine if Womack is a sexual predator.
The case has been basically on hold much of the year in the five courts as officials have sought a "global resolution" of all the charges, which has been reflected in court records.
All the various prosecutors and public defenders agreed to the request for the psychosexual testing for Womack, said Bernie Allen, public defender on the only felony charge against Womack, which is pending before Judge Hadfield.
The charges there are felony custodial sexual conduct with a minor and official misconduct, a misdemeanor.
"Everyone wanted it," Allen said of the sexual probe, needed before negotiations can seriously go forward. "And we want everyone to be clear to make the resolution based on the facts, not supposition.
"We feel it's not a sexual offense case, but a search violation. And our goal in this, or in any case like this, is to keep him off the sex offender registry."
Cases like Womack's would dilute the sex offender registry "to the point it's almost meaningless," Allen said. "It's gone well beyond violent predators."
Box Elder County officials have declined any comment on Womack because the county is named as a co-defendant with him in the civil suit pending in federal court.
The federal criminal counts of deprivation of constitutional rights are misdemeanors, according to court records, and carry up to a year in federal prison.
Womack was fired last year by the sheriff's office after investigation of the incidents.
The civil suit is still in discovery with no court dates, and only the First District Court case shows any pending court dates among the many criminal charges. The felony could bring up to five years in state prison.
A felony conviction would also end Womack's certification as a police officer.