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Debbie Dujanovic ReportingAn Eyewitness News investigation tonight that explores a pretty big gap between the letter of the law and the spirit of the law. In the middle is the top law enforcement official in Summit County.
Just where exactly does he live and is he being honest about where he hangs his hat? Tonight, you decide.
Summit County Attorney David Brickey is about to keep his $100,000 a year job. The Republican is unopposed in the November election. Among the rules to run is one saying he must be a county resident. Our investigation asks, is this public official Living Above the Law?
t's the end of another work day for Summit County attorney David Brickey. He exits the Summit County Justice Center, presumably headed home. But where is home?
On his election filings, Brickey swears he resides at a Park City condominium. However, government tax records show Brickey and his wife own a home in Salt Lake City, and Brickey put the address on his driver's license too.
A tipster called, questioning Brickey's integrity. Had the county's top lawman set up a sham address just to keep his job?
So since September, we've paid nine visits to that Park City condo after work, in the middle of the night. We have yet to see Brickey or his car there and we aren't the only ones.
We took a photo with us. The maintenance man told us, "I haven't seen anyone in there in quite a while."
Meanwhile, night after night, we watched the Summit County attorney pull into the driveway of his Salt Lake City home.
We tried to speak to Brickey at both homes and the office. By phone he answered our questions.
Brickey: "I'm living at the one in Park City."
Reporter: "A couple times a week? Every night of the week? How often are you at te condo in Park City?"
Brickey: "It hasn't been every night. On the weekends I'm ususally visiting my wife and kids."
Reporter: "Is it fair to say you do no live with your family?"
Brickey: "I don't think that's fair to say at all."
How could that be? The Park City condo lease Brickey signed says no minor children will live there. Brickey himself must get out on weekends so the landlord can stay there.
Rob Weyher chairs the Summit County Democratic Party. Earlier this year he challenged the residency of another Republican candidate, Olympian Jim Shea. Shea withdrew. So what's Weyher's take on our documents and video?
Rob Weyher, Chair, Summit County Democratic Party: "David is right on the edge here, but I don't think he has broken the law by any means."
Because of that, Weyher says his party will not challenge Brickey. But ther'es an interesting coincidence; we found out that Weyher -- who won't challenge Brickey -- is being prosecuted by Brickey's office for DUI and assault on a police officer.
Reporter: "Does that put you in an odd spot?"
Rob Weyher: "Well possibly, but I can separate the issues too. I don't want to leave Summit County without a capable attorney."
Utah law is suprisingly squishy about where someone's residence is. It may not be where you sleep or even spend time -- it's where you say it is, and as long as David Brickey intends to someday return Summit County, he can legally claim residency.
Election officials we spoke with say our investigation raises questions, but they can't investigate until someone does file a formal challenge.
