LAYTON — Layton City Attorney Gary Crane confirmed his office has reached an agreement to resolve charges against Clare B. Niederhauser.
“Yes, we have an agreement, but I can’t disclose the details at this time,” Crane said.
Crane’s office filed one count of reckless endangerment, a class A misdemeanor, against Niederhauser, 64, of Layton. According to the court docket, the charge was filed Wednesday. An arraignment hearing is set for 1:45 p.m. on March 19 in 2nd District Court in Layton.
The Layton City Attorney’s office is working with Niederhauser’s attorney to reach a plea deal. The agreement will likely be made official on Tuesday when Niederhauser makes his first court appearance, Crane said.
Niederhauser’s attorney, Mitch Vilos, confirmed that a plea agreement is in the works but declined to discuss specifics. He said he and Niederhauser will speak to the media after the Tuesday afternoon court appearance.
Police had originally booked and released Niederhauser in the Davis County Jail on Jan. 31 on two counts of reckless endangerment.
The citation is listed on the court website as a "private" document that is not available to view.
Supporters of Niederhauser had planned to attend the Layton City Council meeting Thursday night. A blogger who has supported Niederhauser, posted that due to the agreement attendance at the meeting is no longer necessary.
“The outpouring of support for Clare and his family has been overwhelming,” the blogger wrote on supportclare.blogspot.com.
Clark Aposhian, a firearms instructor and chairman of the Utah Shooting Sports Council, has been following the case closely and believes the arrest was appropriate.
“I can understand the guy getting caught up in the moment, but he’s got some explaining to do,” said Aposhian. “It’s not that he was shooting at the person necessarily, but the reckless endangerment is because he fired his gun when the rounds could have gun anywhere.”
Robert Santos Cruz, 47, who was inside Niederhauser’s house when Niederhauser came on home at 4 p.m. on Jan. 31, appeared in 2nd District Court on Wednesday. Cruz is charged with one count of second-degree felony burglary and one misdemeanor count of criminal mischief.
A felony arraignment hearing for Cruz is set for Feb. 21 before Judge Thomas L. Kay.
Police are still searching for a man and a woman who were in a green, four-door car parked in front of Niederhauser’s home at 2536 E. Gentile at 4 p.m. Thursday.
When Niederhauser came home on Jan. 31 at about 4 p.m., he saw the car parked in his driveway, police said. As Niederhauser walked up to the front door, the occupants of the car started honking. A man, later identified as Cruz, came out the front door, carrying a crowbar.
Niederhauser, who has a concealed weapon permit and was carrying a gun, confronted Cruz, ordering him to drop the crowbar, which he did, police said. The vehicle then backed out of the driveway and headed eastbound, and Niederhauser fired a shot, police said.
After the car left, Niederhauser used a cellphone to call 911.
When the first police officer arrived, Niederhauser turned his attention to the officer and Cruz ran to the backyard area. Niederhauser chased him and fired a shot into a field.
The officer heard the shot and let dispatch know shots had been fired, police said.
Neighbors have set up a fund at First National Bank of Layton to help Niederhauser pay for his defense. For those who want to donate, the account is called “In Defense of Home and Family.”
The Associated Press contributed to this story.
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