Judge extends probation of former Clinton police officer

Feb 8 2013 - 7:13am


Dean E. Livingston
Dean E. Livingston

FARMINGTON -- A former Clinton police officer who admitted in court to violating his probation will continue on probation for three more years.

Dean E. Livingston, 42, admitted in January in 2nd District Court to violating his probation when he testified in a Weber County trial in 2011.

On Thursday, Judge Thomas L. Kay revoked and restarted Livingston's probation with a private probation company and transferred the case to Adult Probation and Parole.

Kay sentenced Livingston in October 2010 to three years' probation after he pleaded guilty to one count of computer crimes, a third-degree felony.

Livingston's attorney, Bernie Allen, said in court Thursday that the private probation service was about to release Livingston from probation successfully.

Allen said in court that AP&P can decide to release Livingston early, and the judge said that is possible.

The probation violation Livingston admitted to had to do with the testimony he gave as a witness on July 18, 2011, in the murder trial of Robert Lee McCullar, according to an affidavit filed Sept. 14, 2012, in 2nd District Court.

The Ogden jury found McCullar guilty of the stabbing death of Filiberto Robles Bedolla, 49, in his apartment at 2560 Adams Ave., Ogden.

McCullar is serving 15 years to life in Utah State Prison. The case is being appealed.

According to the court document, Livingston testified as to the actions he took as an autopsy technician with the Office of the Medical Examiner at the scene of the homicide.

According to McCullar's court docket, Livingston was called by McCullar's defense attorney to testify as a witness.

According to the order to show cause document, on cross-examination the prosecutor asked Livingston "whether he had his POST (Peace Officer Standards and Training) certification suspended because he had lied during an internal investigation." Under oath, Livingston said "he had been suspended because of an ethics violation," according to the document.

The prosecutor again asked if "the suspension had anything to do with him being dishonest in the internal investigation," and Livingston again said it was because of an ethics violation, according to the document.

Because Livingston, during the POST investigation, had signed a document admitting to lying, he is now accused of lying when he stated that his suspension had nothing to do with his being dishonest.

Livingston was charged in August 2010 after officers learned he had gone into the Clinton Police Department's computer system from his home computer, seeking information about an internal affairs investigation being conducted on him, police had said.

In March 2010, POST suspended Livingston for three years. POST investigators said Livingston lied during the Clinton Police Department's internal investigation into an anonymous complaint that he had driven an unmarked police car to the home of a married woman.

Livingston had admitted to driving the car but maintained it was a friendship, not an affair, although he later said he had kissed the woman.

Livingston worked with the Clinton Police Department for 17 years before resigning following the internal investigation.

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