Kristine Rogers, the managing public defender for Grand County, was charged Tuesday, Oct. 8 with three misdemeanors following what authorities describe as an illegal attempt to evict tenants from her property in Spanish Valley.
Rogers, 71, faces charges of criminal trespass, assault and damaging or interrupting a communication device, according to charging documents filed in Seventh District Court.
The charges stem from a Sept. 19 incident in which Rogers allegedly entered her tenants’ home after being explicitly warned by law enforcement that formal eviction procedures were required.
In a statement emailed to The Times-Independent on Oct. 10, Rogers denied the charges and disputed the claims in the charging documents, stating that she acted lawfully and only entered the home after being invited inside by the tenant, Bianca Chavez. She said she was addressing multiple potential violations of the lease agreement, including unauthorized tenants and pets and unpaid rent.
As the managing public defender for the county, Rogers represents individuals who cannot afford legal counsel.
The path to Sept. 19
According to charging documents, Rogers contacted the San Juan County Sheriff’s Office on Sept. 19 to inform them of her intent to remove the tenants from her property. A deputy advised her that she could not forcibly remove the tenants without following the legal eviction process.
While a deputy was on his way to the property to “keep the peace,” dispatchers informed him that an assault had been reported at the residence.
Rogers’ explanation
In Rogers’ statement, she contested the allegations, providing her account of events that on several occasions contradict court documents.
Rogers alleged that prior to the incident, she had good reason to believe the tenants Chavez and Sheen Bylilly had violated their lease by allowing additional people and pets into the house.
Rogers said the tenants, who moved in recently, fell behind on rent, with their first payment being $100 short, and no security deposit was made. Despite repeated efforts to resolve the payment issues, Rogers said the rent remained unpaid except for $35 worth of cleaning her gutters by Bylilly.
On Sept. 19, Rogers said she was alerted by a neighbor that several unknown people and dogs were at the property, and that Bylilly’s truck had been vandalized. When she texted Bylilly, he informed her that Chavez had called the police, accusing him of domestic violence, and he was ordered to stay away from the home.
He told Rogers that their argument stemmed from a woman and man, who she used to live with, getting evicted in Salt Lake and planning to move in with their dogs into the Spanish Valley home, which would be violating the lease.
Concerned about her property and the situation inside the house, Rogers said she and her husband decided to visit the residence, while a deputy was en route for backup. When they arrived, Rogers said the house was dark, and despite several knocks, there was no answer. She attempted to use her key, but it didn’t work.
Rogers claimed that Chavez eventually opened the door and invited them in, contrary to the charging documents version of events. Inside, she said she saw several dogs and unknown people and detected the smell of tobacco and informed Chavez that the dogs and extra people had to leave due to the lease violations.
According to Rogers, the confrontation escalated when another woman in the house began recording her with a cell phone. Rogers said she asked what the woman was doing, and when the woman dropped the phone, Rogers bent down to pick it up. The woman then accused Rogers of assault and instructed someone to call 911, Rogers said.
Rogers denied any physical altercation, stating that her actions were misinterpreted. She added that after the incident, she and her husband waited outside for the deputy to arrive and cooperated fully with authorities.
Legal action and ongoing concerns
Following the incident, Rogers said she and her husband hired an attorney to begin formal eviction proceedings. She added the tenants were served with an Unlawful Detainer Complaint on Oct. 7, and they expect a hearing within 10 business days of that date, per Utah Code.
Rogers expressed concern over the condition of her property and the potential damage that could be done before the eviction is finalized.
Despite the charges, Rogers maintained her innocence and said she has not violated her contract as the county’s managing public defender.
“Just like all defendants, I am innocent until the state proves otherwise,” she said. “I still believe in engaging in civil discourse before resorting to litigation.”
Note to readers: This story has been updated to include the perspective of Kristine Rogers, the managing public defender for Grand County, who denied the charges and disputed the claims in the charging documents that claim she made an illegal attempt to evict tenants from her property in Spanish Valley.
