FARMINGTON — The lawyer for a Davis County sheriff's dispatcher accused in a home warranty fraud case served notice he may try to get the case thrown out of court before trial.
At the arraignment Monday of Tanna Kae Dyer, 46, her attorney, Joshua S. Ostler, told Judge John R. Morris he might file a motion to quash the judge's recent decision to bind the case over for trial.
A Utah Attorney General’s Office indictment Aug. 22, 2018, alleged Dyer conspired in 2017 to open a home warranty account and then submit a claim for an air conditioner that was broken before the insurance was purchased.
At a Dec. 19 preliminary hearing, the state and Ostler argued over whether the prosecution had demonstrated probable cause existed to warrant pushing the case to trial. Morris ruled it did.
As a result of Ostler's declaration Monday, Morris agreed to continue Dyer's arraignment to Feb. 4.
Dyer is charged with insurance fraud, a third-degree felony, and criminal conspiracy, a class A misdemeanor.
According to the indictment, a sheriff’s office internal investigator reported that during her conversations with other dispatchers, Dyer allegedly bragged that her Farmington home’s air conditioning unit had been broken for months and she was able to purchase a home warranty program against which she made a claim for a new unit.
The indictment said a co-defendant, Stephanie Neville Gonzales, 40, created the home warranty account as part of the alleged scheme and gave Dyer the credentials.
After the indictment, Gonzales resigned her job as a clerical employee in the Woods Cross Police Department.
She faces a pretrial hearing in her case Feb. 4.