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

SALT LAKE CITY (KUTV) — 2News Investigates looked into why 40-year-old Michael Joseph Dayley was allowed to violate a protective order against him multiple times. Dayley, a convicted felon was arrested Friday morning after a second standoff with the Salt Lake City Police SWAT team. Court records show Dayley has been on the loose for years, but continues to work his way out of jail, leading to two run-ins with the SLCPD SWAT team in less than a month.

Court records and Utah Board of Pardons and Parole records show Dayley was convicted of discharging a weapon from a car in 2009. A charge of violating a protective order was dismissed. He was sent to prison and received parole in 2011. He was sent back to prison on convictions of being a restricted person in possession of a firearm and felony convictions. He was paroled again in 2021. BOPP revoked his parole in 2022 and he was released later that year when his sentence expired.

Over the years, court records show multiple criminal cases involving domestic violence, assault, intoxication, disorderly conduct, domestic violence in front of children, drug use, drug possession, drug paraphernalia possession, restricted person in possession of a firearm, violations of prison release agreements, driving while intoxicated, reckless driving, speeding over 100 mph and criminal mischief. In many of the cases, the charges were reduced and dismissed.

In 2016, he was accused of threatening violence against the mother of his child, telling her he would kill her and himself. Knowing he had a gun in his bedroom, she climbed out the window to call police, court documents say.

On August 21, 2023, Dayley was granted a continuing protective order involving his current girlfriend. The order of protection according to the information filing shows that Dayley is prohibited from committing domestic abuse against her.

On September 12, 2024, Salt Lake Police responded to a domestic violence incident. Dayley’s girlfriend told Officer Reid that he came to her job; they argued, and he grabbed her and headbutted her. He was charged with violating a continuing protection order, a third-degree felony, and assault, a Class A misdemeanor. Salt Lake County District Attorney Sim Gill and Assistant District Attorney Dixie Jackson set bail at $2,500 for the following reason: “The defendant was previously convicted of a domestic violence crime involving the same victim.”

He goes on to say that the state believes, because of his actions in the previous domestic violence conviction, that she will suffer even more domestic abuse from him if she remains out of custody. He released from prison. He then failed to appear and Third District Court Judge Amber Mettler issued a warrant for his arrest. His bail was then set at $5,000 and he posted this.

Less than a month later, on Oct. 6, charging documents show Dayley climbed the outside balcony to her apartment and went inside. The protective order was still in effect. He accused her of cheating on him and took his cell phone. She tried to get her phone back but he pushed her and started to fight her. The same documents show she feared for her safety and went to the apartment’s second-floor balcony. But he had locked the door, so she jumped off the balcony to escape. Salt Lake City police responded, but Dayley refused to follow their commands and barricaded himself in the apartment, blocking the front door with the refrigerator. The SWAT team eventually surrounded the apartment. Finally, he surrendered and his arrest was caught on camera by 2News. Dayley was charged with robbery, a second-degree misdemeanor, violation of a continuing protection order, a third-degree misdemeanor, assault, also a third-degree misdemeanor, and interfering with police, a class B misdemeanor.

Salt Lake City Police Officer Connor Lucero, who arrested Dayley, was able to tell Third District Judge Heather Brereton that Dayley would pose a “substantial danger” to the victim if released on bail. Judge Brereton ordered Dayley held without bail. However, when District Attorney Gill and Assistant District Attorney Rori Stokes filed the formal charges, they made it clear that the victim could suffer more domestic abuse from Dayley if released from jail, but only asked for his bond to be set at $5,000 .

Dayley’s arrest warrant cited the following:

“The State requests the following conditions: 1. Comply with a financial condition in the amount of $5,000 based on the following reasoning: The State believes that because of the defendant’s recent pending incident of domestic violence involving the same victim and his actions thereon it is possible that the victim will continue to suffer domestic abuse from the defendant if he is released from custody.”

For Chris Bertram, a retired Unified Police Department deputy chief now a private investigator, consultant and college professor, this was surprising.

Bertram reviewed court records in the case before speaking on camera with 2News Investigates. He said, “Please understand it’s going to the District Attorney’s Office, they’ve made the decision to ask for a $5,000 bond, and the judge has signed a $5,000 bond.”

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

PREVIOUS REPORT ON MICHAEL DAYLEY:

Bertram also said, “I wouldn’t expect $100,000 bail, but I would expect maybe a higher bond to make sure this person appears in court and respects public safety while in there – it’s kind of surprising.”

On Oct. 31, Salt Lake City Police were called to another domestic situation at the same apartment. Dayley was inside holding his ex-girlfriend with a protective order against him and wouldn’t allow her to leave. The probable cause statement shows that Dayley had a butcher knife in her hand, and she ran down a ladder to the balcony again to escape.

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

His ex-girlfriend told police he was at the apartment the night before and refused to let her leave. The same affidavit says police verified he was carrying a large butcher knife in his hand using a police drone.

She also told police that Dayley was trying to get people to come to the apartment to sex-traffick her and she saw him shove a methamphetamine syringe into her mouth.

SWAT was again called to the scene and Dayley barricaded the apartment door and repeatedly refused all police commands. When he turned himself in, police said he made statements that he came to the apartment to “get high.”

Bertram said, “You bring light to this, it will most likely be before the district attorney, it will be before the judges who are hearing this now. The stamps will be lifted.”

We’ve reached out to the Salt Lake County District Attorney’s office for comment on why, given that they’ve charged him with multiple felonies, but only asked for $5,000 bond with no restrictions. Communications Manager Keith Chalmers said they are working on our request. I did not receive a response by the deadline and subsequently received the following response:

“In domestic violence and sexual violence cases, judges often, out of an abundance of caution, hold the defendant without bail to ensure that prosecutors have enough time to review the case before the defendant is released from jail. This is the 72-hour detention after most arrests, unless specifically released by the court. Judges often have less information than a screening prosecutor because an investigation does not end when a person is arrested. This defendant’s behavior has recently begun to escalate, and our office has filed for an increase in bail as a result,” said Salt Lake County District Attorney Sim Gill.

Also Friday, in a late filing, the Salt Lake County District Attorney’s Office filed the following charges against Dayley: aggravated domestic violence kidnapping, a first-degree felony, violation of a continuing criminal protection order, a third-degree felony. Murder, possession of a dangerous weapon by a restricted person, a class A misdemeanor, and interfering with a peace officer, a class B misdemeanor. This time they asked that Dayley be held without bail.

Prosecutor Gill and Assistant District Attorney Dixie Jackson wrote: “The defendant’s actions in this matter are troubling. The defendant held the victim in her home for an extended period of time, during which time he refused to let her leave and blocked the door if she tried. At some point during the incident, the defendant began barricading the door while holding a large butcher knife. The State believes that because of the defendant’s past actions and his actions in this regard, he will pose a threat to the safety of the community should he be released from custody.”

The file also shows that a lethality assessment was completed on his ex-girlfriend, the victim, and that she scored “high risk.” She says she has access to a gun and can easily obtain one, and that he “violently” or “constantly” controls her daily actions and believes he will try to kill her.

The filing also states: “The State believes that, should the defendant be released from custody, the victim will continue to suffer domestic abuse or death at the hands of the defendant. Therefore, the State requests that the defendant be held without bail.”

In addition, a request was filed to revoke the $5,000 Beehive Bail Bonds posted for Dayley.

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