By Travis Uresk 1Nationjustice
9/27/23
Naples, Ut.- On 9/14/23, Officer McGaha was out on patrol and received a call from dispatch about a domestic violence call. The caller stated there was a physical domestic between her and her husband.
Officer McGaha arrived at the residence and approached the home, where he found a male with a juvenile child in a baby swing. The Officer asked the male if the baby and the male were okay, and he stated they were.
The male was asked what had happened the night before, and he stated there was an argument between him and his wife, 25-year-old Kolbi Jessica Shanks. When asked if the argument turned physical, he said Kolbi had open-handed slapped him and then closed her hand into a fist and hit him more, causing bruising and a mark under his left eye.
He lifted his sunglasses, and the Officer saw a dark mark and swelling in his eye area. The husband stated he also had a sore spot on the back of his head, but due to his hair, it was not visible. He added he did push Kolbi with an arm full of clothing after she smacked him as he was trying to leave the residence.
The husband stated he didn't want to press charges against her. He was surprised the police were at his home. He was advised that he reported a physical assault, and Utah law requires an arrest of the primary aggressor.
Officer McGaha contacted Kolbi by phone, who was the complainant. She said there was a physical domestic between the two, and she had hit her husband a few times.
The Officer told Kolbi he was at the residence and she needed to come home and talk with him. When she arrived, McGaha escorted her to his patrol truck and had her fill out a witness statement, and she agreed. Officer McGaha had the husband also fill out a witness statement. He initially agreed, but then he said his lawyer said not to make any statements.
Dispatch was asked to contact the Victims Advocate and to call Officer McGaha. One called and said she was on her way to the home.
The husband’s parents arrived and took custody of the baby. There was no conversation between them or Kolbi at this time. Officer McGaha advised them of the jail release agreement and a protection order.
Officer McGaha spoke with Kolbi, who stated she had hit her husband on the statement. She also said he spat his chewing tobacco in her face when she closed-handed hit him in the face. Kolbi stated he bumped or pushed her with a handful of clothing as he tried to leave. At this point, she fell over the baby gate and knocked it over. Kolbi said her husband took her phone and tried to delete videos but threw it at her. She didn't say if the phone hit her or not.
Officer McGaha stated who he deemed as the primary aggressor from their statements. Kolbi was booked into the Uintah County Jail for domestic violence in the presence of a child.
