Simmons changes plea, convicted of felony

During his criminal hearing in the Second Judicial District Court last week Ryan Scott Simmons changed his plea from not guilty to Nolo Contendre, or no contest, to the charge of felony interference with a peace officer.

According to a judgment and order accepting plea and for presentence investigation document filed Nov. 6, Simmons has been convicted of the crime. The document stipulates that Simmons will sign a release of civil liability to Officer George Phillips of the Saratoga Police Department and all law enforcement agencies. The division of probation and parole will also deliver a pre-sentence investigation report and substance abuse evaluation prior to the sentencing phase of the case.

A transcript of the proceedings quotes Carbon County District Attorney Cal Rerucha as stating that Simmons will be sentenced to two to four years in the state penitentiary with credit for time served, which is approximately 19 months at this point. The transcript also quotes Rerucha as stating that Simmons will give up his right to an appeal of the matter.

Judge Wade E. Waldrip made it clear to Simmons that the court is not bound by the plea agreement and he could still receive the maximum sentence of 10 years in the penitentiary at which point Simmons could again request a jury trial. Waldrip then indicated that he does not foresee any reason not to accept the plea agreement.

The trial is the result of an April 27, 2014 incident where Simmons allegedly committed attempted murder and aggravated assault and battery during a fight with his parents. Simmons was shot twice by Phillips during the incident resulting in the interference with a peace officer charge.

The Carbon County Attorney's office refused to comment on the status of the three charges of attempted second degree murder and three charges of aggravated assault and battery, all felonies, as the case is ongoing.

A sentencing hearing will be scheduled after the pre-sentence investigation and substance abuse evaluations are filed with the court.