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Utah politico arrested, suspected of DUI
UPI.com ^ | Jan. 15, 2010

Posted on 01/15/2010 10:46:09 PM PST by Colofornian

MILLCREEK, Utah, Jan. 15 (UPI) -- Utah Senate Majority Leader Sheldon Killpack was booked into a county jail Friday, suspected of drunken driving, police said.

The 41-year-old Republican was pulled over about 12:15 a.m. by a state highway patrol officer who allegedly noticed "a poor driving pattern," the Deseret News reported. Police said he failed a field sobriety test and then refused to breathe into a portable breath tester, the newspaper said.

"I could smell the odor of alcohol coming from the subject's breath," a trooper wrote in a probable cause statement.

Killpack issued a statement in which he said he is "deeply sorry for the impact this incident will have on those who support and trust me -- my colleagues in the Senate, my constituents and, most importantly, my family."

He added he is "prepared to accept all personal, legal and political consequences for my actions."

After Killpack was arrested, his car was impounded and he was booked into the Salt Lake County Jail on suspicion of DUI. Highway patrol officials obtained a warrant to allow them to take his blood. Results could take two to four weeks to obtain.

Senate President Michael Waddoups said Killpack's father was killed by a drunken driver when Killpack was a teenager. He also said he didn't know Killpack, who is a member of the Mormon Church, which frowns on drinking, was a drinker, the newspaper said.


TOPICS: Current Events
KEYWORDS: alcohol; antimormonthread; christian; drunkdriver; dui; lds; majorityleader; mormon; republican; utah
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To: GovernmentShrinker; colorcountry; Colofornian; Elsie; FastCoyote; svcw; Zakeet; SkyPilot; ...
In the case of Killpack, the issue will almost certainly center on alcohol, and what (if any) prior history he had with alcohol-related Church discipline. If this is, as far as the Church knows, a first time lapse, and he agrees to pursue whatever repentance steps his priesthood leaders prescribe, then at most he’ll get disfellowshipped for a little while, even if he gets convicted of a felony.

My source is the 2006 Church Handbook of Instruction. According to pg 119 of the hand book, in all conditions where a member has been disciplined by a Church Disciplinary council, if there is a crimial/civil sentence it states

If a person who has had Church Discipline has been convicted of a crime or found guilty in a civil action of fraud or other dishonest or immoral conduct, a disciplinary council should not be held to consider changing his Church status until he has fulfilled all terms and conditions of any sentence imposed by legal authorities. These conditions may include imprisonment, probation, parole, and fines or restitution. Exceptions require the approval of the First Presidency

Bottom line, how gravely did Killpack's DUI and his link to mormonism damage the image of the mormon church. Excom may be one of three means of punishment, however, he will lose his temple privilages for all until the full terms of the law are met - with the only exception being granted by the FP.

41 posted on 01/17/2010 4:19:43 PM PST by Godzilla (3-7-77)
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To: GovernmentShrinker; reaganaut; Elsie; Godzilla
From "Church Handbook of Instructions. Book 1. Stake Presidencies and Bishoprics." Published by the Church of Jesus Christ of Latter-day Saints Salt Lake City, Utah, 1998.  (link, slow but works)

Persons Who Have Been Convicted of Crimes, p. 27

Persons who have been convicted of crimes and seek baptism for the first time or baptism for readmission into the Church are not baptized until they complete their terms of imprisonment, parole, or probation resulting from their convictions (unless the First Presidency has granted an exception). They are encouraged to work closely with local priesthood leaders and to do everything they can to become worthy of baptism.
 

A person who has been convicted of, or who has confessed to, murder (even in private confessions to a priesthood leader) may not be baptized unless the First Presidency gives permission. The request for permission to baptize must include all pertinent details as determined during a personal interview by the mission president (if the person is seeking baptism for the first time) or bishop (if a former member is seeking readmission).

Excommunication, p. 94

A person who is excommunicated is no longer a member of the Church. Excommunication is the most severe Church disciplinary action. As directed by the Spirit, it may be necessary for:

  1. 1. Members who have committed serious transgressions, especially violations of temple covenants (see "Considerations in Church Discipline").

  2. Members who have been disfellowshipped and have not repented and for whom excommunication seems to offer the best hope for reformation.

  3. Members whose conduct makes them a serious threat to others and whose Church membership facilitates their access to victims.

  4. Church leaders or prominent members whose transgressions significantly impair the good name or moral influence of the Church in the community that is aware of the transgression

Excommunication is mandatory for murder and almost always required for incest.

 

A person who is excommunicated does not enjoy any of Church membership. He may not wear temple garments or pay tithes and offerings. He may attend public Church meetings if his conduct is orderly, but his participation in such meetings is limited the same as for disfellowshipped members.

 Considerations in Church Discipline, pp. 102-103

The following paragraphs list some of the factors that leaders may need to consider in reaching decisions on formal and informal Church discipline. These factors are listed in order from those that suggest stem discipline to those that suggest more lenient discipline. None of these factors dictates any particular decision. They are only aids to a decision that must be pursued prayerfully and guided by the Spirit of the Lord.

Violation of Covenants

If a transgressor has been endowed, he has made covenants to live a higher standard of behavior than applies to those who have not been endowed. Violating these covenants magnifies the seriousness of the transgression. Therefore, endowed persons who commit adultery or fornication (including homosexual relations) are subject to stern Church discipline.
 

Adultery is a more serious sexual transgression than fornication because adultery involves a violation of marriage covenants.

Position of Trust or Authority

If a transgressor occupied a position of trust or authority (such as parent, bishop, or teacher) that was violated by the transgression, the seriousness of the transgression is magnified. For example, incest is a most serious form of sexual transgression for a parent because it violates the sacred trust of parental authority. Embezzlement is a most serious form of theft because the transgressor has been trusted with funds; it is a particularly serious offense when it involves Church funds. See also Serious Transgression While Holding a Prominent Church Position.

Repetition

If a transgression that was previously confessed and seemingly forsaken is repeated, the repetition may be viewed as part of a, pattern of conduct, even though the earlier transgression has been resolved with Church authorities. As the Lord warned those he had forgiven, "Go your ways and sin no more; but unto that soul who sinneth shall the former sins return" (D&C 82:7).

Magnitude

The seriousness of a transgression is measured in part by the number of sinful acts and the number of persons injured.  The number of persons who are aware of the transgression also affects its seriousness.

Age, Maturity, and Experience

Presiding officers should consider a transgressor's age, maturity, and experience when administering Church discipline.  The Lord revealed, "For of him unto whom much is given much is required; and he who sins against the greater light shall receive the greater condemnation" (D&C 82:3).
 

Leniency is often appropriate for those who are immature in the gospel. Leniency may also be appropriate for young members who are involved in a moral transgression if they forsake the sin and manifest sincere repentance. However, young members who persist in immoral conduct may require formal disciplinary action.

Interests of the Innocent

When administering and announcing discipline, presiding officers should consider the interests of innocent victims and the transgressor's innocent family members.

Time between Transgression and Confession

If a transgression occurred many years before it was confessed, the presiding officer carefully considers the intervening circumstances. If the sin was not repeated and the member has lived righteously in the interim, his conduct during the intervening time can show that he has forsaken the sin. In this instance, confession may complete rather than start the process of repentance.

Voluntary Confession

Voluntary and complete confession demonstrates a repentant attitude, which may favor leniency. An admission of guilt after a person has been accused of or interviewed about a transgression is less indicative of repentance. A person who admits guilt when interviewed by a bishop shows greater repentance than one who tries to deceive and admits guilt only when confronted with evidence.

Evidence of Repentance

Normally, evidence of repentance is the most important single factor in determining how to accomplish the first purpose of Church discipline: saving the soul of the transgressor. Genuine repentance is demonstrated more reliably by righteous actions over a period of time than by intense sorrow during a single interview. Judgments about the adequacy of repentance require spiritual discernment. Factors to consider include the nature of the confession, depth of sorrow for the sin, success in forsaking the sin, strength of faith in Jesus Christ, faithfulness in obeying other commandments, truthful communications to Church officers, restitution to injured persons' obedience to legal requirements, and willingness to follow the direction of Church authorities.

Serious Transgression While Holding a Prominent Church Position, p. 95

A disciplinary council must be held for a member who commits a serious transgression while holding a prominent Church position, such as Area Authority Seventy; temple, mission, or stake president; patriarch; or bishop. As used here, serious transgression is defined as a deliberate and major offense against morality. It includes (but is not limited to) attempted murder, rape, forcible sexual abuse, spouse abuse, intentional serious physical injury of others, adultery, fornication, homosexual relations, deliberate abandonment of family responsibilities, robbery, burglary, theft, embezzlement, sale of illegal drugs, fraud, perjury, and false swearing.

 

 

42 posted on 01/17/2010 5:31:23 PM PST by delacoert
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To: delacoert

Better copy than my scanned 2006 version. I see no real differences between the two in the extra areas you posted.


43 posted on 01/17/2010 5:38:20 PM PST by Godzilla (3-7-77)
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To: Godzilla

Yes. From reading all the related sections of the handbook, it seems that way to me too.

It's interesting for me note just how much gravity is reserved for "violations of temple covenants."


44 posted on 01/17/2010 5:45:11 PM PST by delacoert
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To: delacoert

4. Church leaders or prominent members whose transgressions significantly impair the good name or moral influence of the Church in the community that is aware of the transgression.

I think this is probably most applicable, but it depends upon the political theocratic evaluation of the governing bishop and which is the most expedient way to handle the situation. As one reads, I noticed a significant emphasis on sexual immorality than DUIs


45 posted on 01/17/2010 6:04:06 PM PST by Godzilla (3-7-77)
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To: delacoert
Excommunication is mandatory for murder and almost always required for incest.

"How do I love thee"?

Let me count they ways."


And then point out the WRONG ones...

46 posted on 01/17/2010 6:48:28 PM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: delacoert
Excommunication is mandatory for murder and almost always required for incest.

"How do I love thee"?

Let me count the ways."


And then point out the WRONG ones...

47 posted on 01/17/2010 6:48:34 PM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: reaganaut; delacoert; Godzilla
“Repentance” only starts AFTER your jail term is over and your rights have been restored.

Nope, not true. Repentance starts immediately. Except for murder, and usually incest as well, conviction of a serious crime is not automatic grounds for excommunication (see CHI excerpt posted by delacoert). If someone hasn't been excommunicated, then they're still a member, and certainly aren't expected to refrain from beginning a repentance process until some government agency says they're done with their sentence.

if you are convicted of a felony, you must have been involved in behavior against LDS standards and therefore need to be excommunicated.

Again, not true, which is why the CHI specifies only two crimes for which excommunication is mandatory (though, oddly, it specifies that the First Presidency may make an exception in the case of incest). The people you recall having been excommunicated for "minor" offenses were almost people who had repeated the offenses multiple times and/or lied to their priesthood leader about what they had done, etc.

The issue of initial baptism is completely different. For whatever reason, the Church policy is not to baptize new converts while they are still serving a prison term or parole, etc, though exceptions can be made and are probably made quite often in the case of lesser crimes and in cases where the court of jurisdiction is in a country with a sketchy judicial system. But it is definitely not Church policy to excommunicate anyone who wouldn't currently be eligible for first-time baptism, so lots of people retain Church membership even though their legal status is such that they would not be eligible for baptism if they were new converts.

Godzilla: You are misunderstanding the passage you quoted. It does not refer to excommunication, but to any status resulting from a Church Discipline proceeding -- such a status could be disfellowshipment or even some lesser impairment. And that's assuming a Church Discipline proceeding was held at all. In many cases, it wouldn't be, especially business/finance type cases, where failure to comply with certain arcane provisions of accounting rules, tax or securities regulations, etc., may constitute a crime, even though it may not be entirely clear whether the person realized they were committing a crime. While some convictions on such grounds result in a prison term, many more result in punishment such as being barred from the securities industry -- sometimes for life. No way is the Church is going excommunicate somebody and keep them excommunicated over a conviction for front-running or misclassification of a line item on audited financial statements. In fact it's very unlikely that a Church Discipline proceeding would held in most cases of this nature, in which case the convict wouldn't even be disfellowshipped.

48 posted on 01/18/2010 10:24:30 PM PST by GovernmentShrinker
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To: GovernmentShrinker; Godzilla

The people you recall having been excommunicated for “minor” offenses were almost people who had repeated the offenses multiple times and/or lied to their priesthood leader about what they had done, etc.

- - - - - -
WRONG. I suppose it does depend upon your status in the ward and your Stake pres but you assume WAY too much about them.

BTW, you are NOT LDS are you? Much less a Stake Pres.

Don’t assume the LDS will tell you the truth. They will lie in order to make the “church” appear in the best light. I found that out the hard way.


49 posted on 01/18/2010 11:06:04 PM PST by reaganaut (Ex-Mormon, now Christian - "I once was lost but now am found, was blind but now I see")
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To: reaganaut

No, I’m not LDS. And I’m sure there are situations where the official policy is violated and someone who is unpopular with local church leaders is excommunicated for something that didn’t really warrant it per official policy. That sort of abuse of power is hardly peculiar to the LDS Church, though. But I have to wonder if the people you cited 1) were really as innocent of other offenses as they led you to believe, and 2) tried to appeal their excommunications to a higher authority.


50 posted on 01/19/2010 11:11:43 AM PST by GovernmentShrinker
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To: GovernmentShrinker
Godzilla: You are misunderstanding the passage you quoted. It does not refer to excommunication, but to any status resulting from a Church Discipline proceeding -- such a status could be disfellowshipment or even some lesser impairment. And that's assuming a Church Discipline proceeding was held at all.

Had you read my entire response, you would have seen that I made the above inclusions. As you point out - any disciplinary action - will necessitate the implimentation after ANY crimial punishment period.

In fact it's very unlikely that a Church Discipline proceeding would held in most cases of this nature, in which case the convict wouldn't even be disfellowshipped.

However, as cited in the CHI, that 'convict' would not be eligible for full benefits of membership - ie temple worthy, until his/her entire sentence - including probation (specifically mentioned in the CHI) have been fulfilled to the satisifaction of the court.

51 posted on 01/19/2010 4:26:26 PM PST by Godzilla (3-7-77)
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To: Godzilla

No, that’s not what the CHI says. The CHI says that IF a formal Church disciplinary proceeding is held, then . . . But there’s no requirement that a disciplinary hearing be held at all in response to a criminal conviction, unless the conviction is for murder or incest. A criminal conviction for DUI can be handled by informal counseling and/or informal probation by the person’s bishop and go no farther than that. The decision to hold a formal disciplinary proceeding would not be based on the DUI conviction, but on the person’s history of Church-related problems (e.g. “Word of Wisdom” problems, such as drinking alcohol, with no legal action). If the Church response to Killpack’s DUI is informal counseling and informal probation under the direction of his bishop, then the duration of any restictions are also entirely at the discretion of his bishop. If his bishop requires him to turn in his temple recommend for 6 months and attend Church-approved alcohol counseling, then that’s all that happens, and the Bishop is free to give back his recommend at the end of 6 months (or even earlier if the bishop changes his mind). No formal Church Discipline proceeding >> no connection between legal status and Church status.


52 posted on 01/19/2010 9:23:06 PM PST by GovernmentShrinker
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To: GovernmentShrinker
But there’s no requirement that a disciplinary hearing be held at all in response to a criminal conviction, unless the conviction is for murder or incest.

Unless the offense is grave enough to bring bad PR onto the lds - sufficiently vague to cover a multitude of sins.

53 posted on 01/20/2010 7:33:31 AM PST by Godzilla (3-7-77)
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