FARMINGTON — A former Woods Cross police officer on Monday waived a preliminary hearing on aggravated assault charges and his case was advanced for arraignment.

Joshua John Lindsey was on patrol in the early morning hours Feb. 7 when he spotted two men in a vehicle at a used car lot. He ended up firing several shots at the vehicle, missing the men inside, and told other officers the driver had tried to run him down.

But prosecutors and the Woods Cross police chief said an investigation showed that the vehicle was backing up when Lindsey fired and that he fired a final shot as the vehicle was speeding away. In August, he was terminated from the Woods Cross force, and on Sept. 14 the Davis County Attorney’s Office charged him with two counts of third-degree felony aggravated assault.

Lindsey, 39, appeared Monday in a video hearing before 2nd District Judge David Connors in Farmington. The former officer’s attorney, Nathan Evershed, waived the preliminary hearing and Connors scheduled Lindsey for arraignment Dec. 7 before Judge David Williams.

When the charges were filed, Lindsey was issued a summons to appear in court. He is free from custody without conditions. Evershed, who works for a law firm that represents police officers in use of deadly force cases, has declined to comment on Lindsey’s case.

The two men in the parking lot confrontation and subsequent case were booked on attempted-murder charges. But eventually no charges were filed against the passenger, and the driver has pleaded guilty to a reduced theft charge.

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