DA’s office’s low bail request under review after suspect arrested in second SWAT standoff

SALT LAKE CITY (KUTV) — 2News Investigates investigated why 40-year-old Michael Joseph Dayley was allowed to claim that he violated his protective order multiple times. Dayley, a convicted felon, was arrested Friday morning after a second shootout with the Salt Lake City Police SWAT Team. Court records show Dayley had been out of control for years but continued to avoid jail without bail, leading to two separate run-ins with the SLCPD SWAT team in less than a month.

Court records and Utah Board of Pardon and Parole records show Dayley was convicted of driving-by shooting in 2009. A charge of violating a protective order was dismissed. He was sent to prison and was paroled in 2011. He was sent back to prison as a restricted person, accused of being a felon in possession of a firearm and criminal mischief. He was paroled again in 2021. BOPP revoked his parole in 2022 and he was released when his sentence expired that year.

Over the years, court records show many criminal cases involving domestic violence, assault, intoxication, disorderly conduct, domestic violence in front of children, drug use, drug possession, possession of drug paraphernalia, restricted person possession of a firearm, violation of prison release, and more. agreements, drink driving, careless driving, speeding more than 100 miles per hour and criminal mischief. In most cases the charges were reduced and dismissed.

In 2016, he was accused of threatening violence against the mother of his child and saying he would kill her and himself. Court documents say the woman climbed out the window to call police, knowing there was a gun in her bedroom.

On August 21, 2023, Dayley was served with a permanent protective order regarding his current girlfriend. According to the information file, the protective order prohibits Dayley from committing domestic violence against her.

On September 12, 2024, Salt Lake Police responded to a domestic violence incident. Dayley’s girlfriend told Officer Reid he was into her; They got into an argument and the man grabbed him and headbutted him. He was charged with Violation of a Permanent Protection Order, a Third Degree Felony, and Assault, a Class A Misdemeanor. Salt Lake District Attorney Sim Gill and Assistant District Attorney Dixie Jackson requested $2,500 bail, reasoning: “The defendant was previously convicted of a domestic violence crime involving the same victim.”

It is also stated that the State believed that, due to his actions during his previous domestic violence conviction, he would likely be subjected to further domestic violence if he remained out of custody. He was released from prison on bail. When he later failed to show up for the hearing, Third District Court Judge Amber Mettler issued an arrest warrant for him. His bail was later set at $5,000, which he posted.

Less than a month later, on Oct. 6, charging documents show Dayley climbed onto the exterior balcony of his apartment and gained entry. The protective order was still in effect. He accused her of cheating on him and took away her mobile phone. She tried to take her phone back but the man pushed her and started wrestling with her. The same documents show that, fearing for his safety, he went to the apartment’s second-floor balcony. But he had locked the door, so he jumped from the balcony to escape. Salt Lake City Police responded, but Dayley refused to comply with their commands and barricaded himself inside the apartment, blocking the front door with a refrigerator. The SWAT team eventually surrounded the apartment. He eventually surrendered and his arrest was captured on camera by 2News. Dayley was charged with Robbery, a Second Degree Felony, violation of a permanent Protective Order, a Third Degree Felony, Assault, also a Third Degree Felony, and Interfering with Police, a Class B Misdemeanor.

Salt Lake City Police Officer Connor Lucero, who arrested Dayley, was able to testify to Third District Court Judge Heather Brereton that Dayley would pose a “serious danger” to the victim if released on bail. Judge Brereton ordered Dayley held without bail. But when Prosecutor Gill and Deputy District Attorney Rori Stokes filed the formal charges, they made clear that the victim could be subjected to further domestic violence by Dayley if he was released from jail, but requested that his bail be set at only $5,000.

The warrant for Dayley’s arrest stated the following:

“The State requests the following conditions: 1. The satisfaction of a financial condition of $5,000, based on the following grounds: The State requests that the defendant, due to the defendant’s recent ongoing domestic violence case involving the same victim and his actions in that case. It is likely that they will be exposed to more domestic violence by

That was surprising to retired Unified Police Department Deputy Chief Chris Bertram, who is now a private investigator, consultant and college professor.

Bertram reviewed court files related to this case before speaking on camera with 2News Investigates. He said, “Please understand this will go to the District Attorney’s Office, they decided to ask for $5,000 bail and the judge signed $5,000 bail.” he said.

Third District Court Judge William Kendall set the bail requested by the Prosecutor’s Office at $5,000, and Beehive Bail Bonds posted bail for Dayley at $5,000 and Dayley was released from jail.

PREVIOUS REPORT ON MICHAEL DAYLEY:

Bertram also said: “I wasn’t expecting a $100,000 bail, but maybe I would have expected a higher bail to make sure this person showed up in court and acted in accordance with public safety while they were there – that’s a little surprising.”

On October 31, Salt Lake City Police were called to another domestic situation at the same apartment building. Dayley was keeping his ex-girlfriend, who had a protection order against her, inside and not letting her leave. The probable cause affidavit shows Dayley was armed with a butcher knife and went down the stairs to the balcony again to escape.

A witness told police that Dayley was standing in front of the door with a “large” kitchen knife in his hand and a chair in front of the door.

His ex-girlfriend told police that he had been at the apartment since the night before and wouldn’t let her leave. The same affidavit shows police confirming using a police drone that the man was carrying a large butcher knife.

She also told police that Dayley tried to bring people to the apartment to make her a victim of sex trafficking and that she saw him squeeze a syringe of methamphetamine into her mouth.

SWAT was called to the scene again and Dayley barricaded himself at the door of the apartment and repeatedly refused all police commands. Police said that when he surrendered, he stated that he came to the apartment to “get high.”

Bertram said, “You’re shedding light on this, it’s probably going to be in front of the district attorney, it’s going to be in front of the judges who hear about it now. The thresholds are going to be lifted.”

We contacted the Salt Lake County District Attorney’s Office and asked for comment on why, given that they charged him with multiple felonies but only requested $5,000 bail with no restrictions. Communications Manager Keith Chalmers said he was working on our request. We did not hear back by our deadline and subsequently received the following response:

“In domestic violence and sexual violence cases, judges prudently deny bail to the defendant in order to ensure that prosecutors have adequate time to review the case before the defendant is released from prison. This is the 72-hour detention period following most arrests unless specifically authorized by the court. Because the investigation does not end when a person is arrested, judges often have less information than screening prosecutors. This defendant’s behavior has recently begun to escalate and as a result, our office has filed for increased bail amounts,” said Salt Lake County Prosecutor Sim Gill.

Also on Friday, the Salt Lake County District Attorney’s Office filed the following charges against Dayley in a delayed court filing: Aggravated Kidnapping, First Degree Felony, Violation of a Permanent Criminal Protection Order, Third Degree, related to domestic violence. Felony, Possession of a Dangerous Weapon by a Restricted Person, Class A Misdemeanor, and Interfering with a Peace Officer, Class B Misdemeanor. This time, they requested that Dayley be held without bail.

The brief from Prosecutor Gill and Assistant District Attorney Dixie Jackson states: “The defendant’s actions in this matter are concerning. The defendant kept the victim in his home for a long time, during which time he did not let her leave and closed the door if she tried. At one point during the incident, the defendant began barricading the door with a large butcher knife in hand. “The State is of the opinion that, due to the defendant’s previous actions and actions in this regard, he would pose a threat to the security of society if he is released from detention.”

The application also shows that a lethality assessment was completed on the victim, his ex-girlfriend, and she received a “high risk” score. He says he had access to a gun and could easily get one, that he “violently” or “constantly” controlled his daily movements, and that he believed he would try to kill himself.

The application also states: “The State believes that if the defendant is released from custody, the victim will likely be subjected to further domestic violence or death at the hands of the defendant. Therefore, the State requests that the defendant be held without bail.”

A motion was also filed to revoke the $5,000 Beehive Bail Bonds posted for Dayley.

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