Robert McKell (1961 – ) was a Mormon church member; accused of sexual abuse.

Robert Clark McKell was a Mormon church member in Provo, Utah.  McKell was married to one of the NuSkin co-founders, a business based in Provo, Utah.

McKell was accused of sexually abusing an 18-year-old girl that was disabled

Robert McKell pled guilty to four charges of Sexual Battery.

“originally charged with an additional count of object rape and two counts of second-degree felony forcible sexual abuse, but Laycock dismissed the three charges after insufficient evidence was presented in court” The Salt Lake Tribune

CONVICTED on Feruary 26, 2018:

4 counts: SEXUAL BATTERY

If you have any information about McKell’s LDS membership history please contact us.

 

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Sources

  1. Robert Clark McKell, Utah Department of Public Safety, February 26, 2018.
  2. Husband of Nu Skin co-founder sent to jail for inappropriately touching woman, The Salt Lake Tribune, February 26, 2018.
  3. Husband of Nu-Skin co-founder pleads not guilty to sex abuse, The Salt Lake Tribune, November 19, 2013.
  4. McKell v. McKell, Case Law, May 9, 2024.
  5. Robert Clark McKell, Offender Radar, February 26, 2018.
  6. STATE OF UTAH vs. ROBERT CLARK MCKELL CASE NUMBER 031401219, Utah Court Records, March 24, 2003.
  7. STATE OF UTAH vs. ROBERT CLARK MCKELL CASE NUMBER 131402452, Utah Court Records, August 24, 2013.
  8. UTAH COUNTY, STATE OF UTAH [REDACTED] vs. ROBERT CLARK MCKELL / CASE NUMBER 134400851, Utah Court Records, April 9, 2013.
  9. STATE OF UTAH vs. ROBERT C MCKELL CASE NUMBER 131401121, Utah Court Records, April 23, 2013.
  10. UTAH COUNTY, STATE OF UTAH APPEALED: CASE # 20150013 STATE OF UTAH vs. ROBERT C MCKELL CASE NUMBER 131403551 Other Misdemeanor Defendants ROBERT C MCKELL, CASE EXPUNGED are linked, Utah Court Records, December 19, 2013.
  11. UTAH COUNTY, STATE OF UTAH [REDACTED] vs. ROBERT CLARK MCKELL CASE NUMBER 134400851 Protective Orders, Utah Court Records, April 9, 2013.

  • 1. Robert Clark McKell

    • 20180226
    • News article
    • Utah Department of Public Safety

    Name: Robert C MCKELL Registration #: 1737668
    Aliases: Robert Clark MCKELL
    Status: Active

    Physical Description
    • Age: 65 (DOB: 02/26/1961) • Height: 6'01''
    • Sex: M • Weight: 190lbs
    • Race: White • Eyes: Hazel
    • Hair: Gray
    • Scars/Tattoos:

    Address
    [REDACTED], UT 84663
    View Map
    Other Known Addresses
    Offenses
    • Description: 76-9-702(3) - SEXUAL BATTERY Class A
    • Date Convicted: 02/26/2018
    • Conviction State: Utah
    • Release Date:
    • Details:
    • Counts: 4

    Professional Licenses
    CDL Class A (Expires: 02-26-2030)

  • 2. Husband of Nu Skin co-founder sent to jail for inappropriately touching woman

    • 20180226
    • News article
    • The Salt Lake Tribune

    The husband of the co-founder of Provo-based skin care company Nu Skin will spend a year in jail after admitting to inappropriately touching an 18-year-old woman.

    Robert Clark McKell, 57, pleaded guilty in November to four counts of misdemeanor sexual battery.

    McKell admitted in plea agreement documents that on four occasions in January 2013, he touched the woman’s buttocks or breasts in a way that he “should have known might cause affront or alarm.”

  • 3. Husband of Nu-Skin co-founder pleads not guilty to sex abuse

    • 20131119
    • News article
    • The Salt Lake Tribune

    A November trial date has been set for the husband of the co-founder of Provo-based skin care company Nu Skin accused of sexually abusing an 18-year-old woman.

    Robert Clark McKell, 52, of Springville, pleaded not guilty Friday to two charges of object rape and one count of forcible sodomy, all first-degree felonies.

    McKell entered the not-guilty pleas in 4th District Court after Judge Claudia Laycock heard testimony from the alleged victim and law enforcement officials during a day-long preliminary hearing.

    McKell was originally charged with an additional count of object rape and two counts of second-degree felony forcible sexual abuse, but Laycock dismissed the three charges after insufficient evidence was presented in court, according to defense attorney Tara Isaacson.

    According to a probable cause statement filed in 4th District Court, the 18-year-old accused McKell of sexually abusing her on several occasions between January and March of this year. The alleged abuse included touching the teen's genitals and breasts, despite the woman allegedly telling McKell, "No," according to the court documents.

    A four-day trial, to begin Nov. 4, also was set Friday for McKell, who was released from the Utah County Jail on a $50,000 bond.

    In April, McKell told The Salt Lake Tribune that the accusations against him are false. He will be back in court again for a pretrial conference on Oct. 23.

    McKell is married to Nu Skin co-founder Nedra Roney McKell. In 1996, Roney McKell, who was then known as Nedra Roney Tischner, was charged with three third-degree felony counts of prescription fraud and another count of insurance fraud. She eventually entered a plea in abeyance to the charges and received three years of probation. Prosecutors agreed to dismiss the charges after she completed the probationary period.

    Nedra Roney McKell has not worked for Nu Skin since the late 1980s and is no longer a major shareholder in the company, said Nu Skin's Corporate Communications Director Kara Schneck.

  • 4. McKell v. McKell

    • 20240509
    • News article
    • Case Law

    McKell v. McKell
    Document
    Cited authorities (13)
    Cited in
    Precedent Map
    Related
    Court Utah Court of Appeals
    Writing for the Court LUTHY, Judge
    Citation McKell v. McKell, 549 P.3d 654 (Utah App. 2024)
    Docket Number 20220315-CA
    Decision Date 09 May 2024
    Parties [REDACTED] MCKELL and [REDACTED], Appellants, v. Robert C. MCKELL, Appellee.

    549 P.3d 654

    2024 UT App 72

    [REDACTED] and [REDACTED], Appellants,

    v.Robert C. MCKELL, Appellee.

    No. 20220315-CA

    Court of Appeals of Utah.

    Filed May 9, 2024

    Fourth District Court, Provo Department, The Honorable M. James Brady, No. 210400528

    Christopher M. Ault, West Jordan, and Chad A. Tengler, Salt Lake City, Attorneys for Appellants

    Barry N. Johnson, James K. Tracy, Salt Lake City, J. Jacob Gorringe, and Bradley C. Johnson, Attorneys for Appellee

    Judge John D. Luthy authored this Opinion, in which Judges Gregory K. Orme and Ryan M. Harris concurred.

    Opinion

    LUTHY, Judge:

    ¶1 [REDACTED], through her legal guardian [REDACTED], brought suit against Robert C. McKell, her [REDACTED] and former[REDACTED], for claims related to sexual abuse he committed against her.
    Robert1 moved to dismiss [REDACTED] claims on the ground that they were untimely under the relevant statute of limitations. [REDACTED] contended that the limitations period was statutorily tolled while she was incompetent, until the time of [REDACTED]’s appointment as her guardian. Before the district court issued a decision on the motion, our supreme court issued an opinion clarifying that the relevant statute tolls limitations periods throughout a person’s incompetency, regardless of whether the person has an appointed guardian. See Zilleruelo v. Commodity Transporters, Inc., 2022 UT 1, ¶ 24, 506 P.3d 509. However, neither party brought this decision to the district court’s attention, and the court dismissed [REDACTED] claims on the grounds that the limitations period was not tolled while she had guardians appointed and that the combined time of the guardianships exceeded the limitations period.

    ¶2 [REDACTED] appeals, arguing that the district court improperly dismissed her claims as time-barred. She asserts that, as Zilleruelo clarifies, the limitations period was statutorily tolled even when she had guardians. Robert contends that [REDACTED] did not preserve this argument and that she invited any error in the court’s ruling on timeliness. Alternatively, he asks us to affirm on the ground that [REDACTED] did not sufficiently plead incompetence. We reject Robert’s preservation argument, we conclude that [REDACTED] did not invite the error leading to the dismissal of her claims, and we determine that [REDACTED] sufficiently pled incompetence. Accordingly, we conclude that the district court erred in dismissing [REDACTED]’s claims, and we reverse.

    BACKGROUND2

    [REDACTED] Birth and Adoption

    ¶3 [REDACTED] was born in Russia in 1994 and was later brought to Utah by her [REDACTED]. [REDACTED] purportedly suffered traumatic injuries at birth that caused "a variety of mental, emotional, and behavioral developmental disabilities, including cognitive impairment." [REDACTED].

    [REDACTED] Guardianships and Robert's Criminal Charges

    ¶4 In January 2013, after [REDACTED] had turned eighteen, [REDACTED] petitioned to be jointly appointed as [REDACTED]’s limited guardians and conservators. They were appointed as such on February 15, 2013.

    ¶5 Soon after this appointment, [REDACTED] reported that Robert had sexually assaulted her on multiple occasions. Criminal charges were filed against Robert in April 2013. [REDACTED] resigned as [REDACTED] legal guardians and conservators on January 7, 2014.

    ¶6 [REDACTED] sister, was appointed as [REDACTED] legal guardian on October 2, 2017. In November of that year, Robert pled guilty to four counts of sexual battery for his conduct toward [REDACTED].

    [REDACTED] Complaint and Robert’s Motion for Judgment on the Pleadings

    ¶7 On April 22/2021, [REDACTED], through [REDACTED], brought this suit against Robert. In her complaint, [REDACTED] alleged, among other things, that Robert had sexually assaulted her.

    ¶8 In his answer, Robert asserted as an affirmative defense that [REDACTED] claims were "barred by the applicable statutes of limitations." Robert then filed a motion for judgment on the pleadings, contending that "[t]he four-year statute of limitations governing each of [REDACTED] claims [had] expired several years [previously]."

    ¶9 [REDACTED] opposed this motion, arguing that it "ignore[d] the tolling provisions of Utah law that apply to disabled and incapacitated victims like [REDACTED]" and that "[b]ecause the statutes of limitation were tolled until [REDACTED] was appointed guardian, the action was timely filed." [REDACTED] pointed to Utah Code section 78B-2-108 (the Tolling Statute), which provides, "During the time that an individual is underage or mentally incompetent, the statute of limitations for a cause of action other than for the recovery of real property may not run." Utah Code § 78B-2-108(2). [REDACTED] stated that "[t]he statute of limitations on [her] claims was tolled until the appointment of her guardian" and that "her claims were timely filed within the applicable statutes of limitation" because she "brought this action within four years of’ the appointment of [REDACTED] and "the curing of her legal incapacity."

    ¶10 Robert replied that [REDACTED] complaint did not adequately plead incompetence and that even if it did, [REDACTED] incompetence was cured more than four years prior when Mother became [REDACTED] guardian and conservator.

    [REDACTED] Amended Complaint and Robert’s Motion to Dismiss

    ¶11 [REDACTED] then sought and obtained leave to amend her complaint. Her amended complaint stated that "Robert signed and filed a ‘Verified Consent to Conservatorship’ wherein he affirmed that … ‘[REDACTED] suffers from a disability that has impeded her ability to progress mentally and intellectually, and on information and belief, has only attained the intellectual age of approximately 12 years, though she is 18 years old.’" It asserted that "[REDACTED] 2013 limited guardianship is void ab initio due to fraud upon the court in prosecuting the petition, bad faith, violating public policy against using court-appointed guardianship to accomplish unlawful ends, failing to discharge obligations or responsibilities, etc." Additionally, it declared that "[REDACTED] remained under a disability and was therefore legally incompetent until the appointment of her current limited guardian,"

    ¶12 Robert filed a motion to dismiss [REDACTED]’s amended complaint. He again argued that [REDACTED] claims were time-barred because "she had a legal guardian in place for well over four years before asserting her sexual assault claims."

    ¶13 [REDACTED] opposed Robert’s motion. She reiterated her position that she was incompetent until [REDACTED]’s appointment as guardian, and she stated that "at that point the statute of limitations began to run."

    ¶14 Robert replied by explaining that his calculations as to timeliness included [REDACTED]’s time as [REDACTED] guardian such that "between [REDACTED]’s guardianships combined, [REDACTED] waited too long to assert her sex abuse claims."

    [...]

    Oral Argument and the Ruling on Robert’s Motion to Dismiss

    ¶16 In February 2022, the district court heard oral argument on Robert’s motion to dismiss. During this hearing, [REDACTED] position remained consistent with her earlier statements regarding the effect of her incompetency to toll the statute of limitations until the time of [REDACTED]’s guardianship. [REDACTED] counsel stated that "a person does gain competency when there is a guardian that is appointed" and that [REDACTED] "incapacity was cured by the appointment of [REDACTED] as her guardian." Again, neither party raised Zilleruelo at, the hearing or in subsequent briefing to the district court.

    ¶17 In March 2022, the district court granted Robert’s motion and dismissed [REDACTED] claims. The court noted that Robert had argued "that the standard for legal incompetency is different than the standard for a disability that would apply to the appointment of a guardian," but the court did not "rule on the parties’ argument regarding the differences...

  • 5. Robert Clark McKell

    • 20180226
    • News article
    • Offender Radar

    Robert C Mckell
    Registered Sex or Kidnap Offender of Utah
    Robert C Mckell a registered Sex or Kidnap Offender of Utah

    [REDACTED], Springville, UT 84663

    Report an Error
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    About This Registry

    Information on this page is obtained from the Utah State Registry and other public sources.

    Addresses may represent the last publicly reported location and should not be interpreted as the offender's current residence.
    Learn more about the Utah Registry ?
    About Robert C Mckell

    Public registry records identify Robert C Mckell as a registered Sex or Kidnap Offender in Utah with a reported location in Springville, Utah County.

    Available information on this page may include reported address information, offense information, known aliases and photographs and other identifying details from official registry sources. You can also browse registered offenders in Utah, Utah County or Springville.
    IMPORTANT OFFENDER DATA

    Status : Active

    PHYSICAL DESCRIPTION

    DOB : 02/26/1961
    Age : 64
    Sex : Male
    Height : 6'01''
    Weight : 190
    Race : White
    Hair Color : Gray
    Eye Color : Hazel

    OFFENSES

    Offense : 76-9-702(3) - SEXUAL BATTERY Class A
    Date Convicted : 02/26/2018
    Conviction State : Utah
    Statute : 76-9-702(3)
    Offense Count : 4

    REGISTRATION DETAILS

    Collected From : Utah State Registry

    ALIAS

    Robert Clark MCKELL

  • 6. STATE OF UTAH vs. ROBERT CLARK MCKELL CASE NUMBER 031401219

    • 20030324
    • News article
    • Utah Court Records

    FOURTH JUDICIAL DISTRICT - PROVO DISTRICT COURT
    UTAH COUNTY, STATE OF UTAH
    STATE OF UTAH vs. ROBERT CLARK MCKELL
    CASE NUMBER 031401219 State Felony
    CHARGES

    Charge 1 - 76-5-103 - AGGRAVATED ASSAULT - 3rd Degree Felony (amended to) -Class B Misdemeanor
    Offense Date: January 19, 2003
    Plea: July 17, 2003 Guilty
    Disposition: July 17, 2003 Guilty

    SENTENCE JAIL
    Based on the defendant's conviction of AGGRAVATED ASSAULT a Class B Misdemeanor, the defendant issentenced to a term of 180 day(s) The total time suspended for this charge is 60 day(s).

    PROBATION CONDITIONS
    Fines and Fees to be paid as directed by the court.
    Defendant is ordered to provide proof of completion of counseling with Anger Management within 90 days.
    07-21-2003 Charge 1 amended

    06-05-2007
    TERMINATION OF PROBATION is scheduled.
    Date: 07/10/2007
    Time: 01:30 p.m.

    07-10-2007
    HEARING
    TAPE: 07-18 302 COUNT: 2:13
    This matter comes before the court for a terminationof probation hearing. Mr. Roberts states his clienthas not been able to get proof the anger managementcourse he took at the Utah County Jail. Counsel hasstipulated to continue this matter.
    TERM OF PROBATION.
    Date: 08/14/2007
    Time: 01:30 p.m.
    Location: Second floor, Rm 203
    Before Judge: STEVEN L. HANSEN
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    07-11-2007 Cancelled: TERM OF PROBATION scheduled on August 14,2007 at 01:30 PM with Judge STEVEN L HANSEN

    08-14-2007 TERM OF PROBATION scheduled on September 18, 2007 at01:30 PM with Judge STEVEN L HANSEN

    08-14-2007 Cancelled: TERM OF PROBATION scheduled on August 14,2007 at 01:30 PM with Judge STEVEN L HANSEN
    09-18-2007 REVIEW HEARING scheduled on November 13, 2007 at 01:30PM with Judge STEVEN L HANSEN

    11-13-2007
    his matter comes before the court for a reviewhearing. Mr. Roberts advises the court; thedefendant has a scheduled appointment with CourtSupportive Services on November 17, 2007.
    If the defendant provides proof of completion ofanger management class by December 1, 2007 this casemay be closed.
    04-15-2014 Judge DEREK P PULLAN assigned.

  • 7. STATE OF UTAH vs. ROBERT CLARK MCKELL CASE NUMBER 131402452

    • 20130824
    • News article
    • Utah Court Records

    FOURTH JUDICIAL DISTRICT - PROVO DISTRICT COURT
    UTAH COUNTY, STATE OF UTAH
    STATE OF UTAH vs. ROBERT CLARK MCKELL
    CASE NUMBER 131402452 Other Misdemeanor
    CHARGES

    Charge 1 - 76-5-108 - VIOLATION OF PROTECTIVE ORDER - Class A Misdemeanor
    Offense Date and Time: August 15, 2013 at 05:00 PM
    Location: 155 S LEFT FORK> ;[ ]
    Disposition: September 18, 2013 Dismissed (w/o prej)

    09-11-2013 2 Filed: Motion to Dismiss Without Prejudice
    Filed by: STATE OF UTAH
    09-18-2013 3 Filed order: Order of Dismissal Without Prejudice
    Judge DAROLD MCDADE
    Signed September 16, 2013
    09-18-2013 Charge 1 Disposition is Dismissed
    08-29-2021 Judge SEAN PETERSEN assigned.

  • 8. UTAH COUNTY, STATE OF UTAH [REDACTED] vs. ROBERT CLARK MCKELL / CASE NUMBER 134400851

    • 20130409
    • News article
    • Utah Court Records

    FOURTH JUDICIAL DISTRICT - PROVO DISTRICT COURT
    UTAH COUNTY, STATE OF UTAH
    [REDACTED] vs. ROBERT CLARK MCKELL
    CASE NUMBER 134400851 Protective Orders **** PRIVATE ****
    CURRENT ASSIGNED COMMISSIONER
    DUSTIN HARDY
    PARTIES
    Petitioner - [REDACTED]
    Respondent - ROBERT CLARK MCKELL

    DATE SEQ EVENT
    04-09-2013 1 **** PRIVATE **** Filed: Request For Protective Order
    04-09-2013 **** PRIVATE **** Filed: Petition
    04-09-2013 Commissioner THOMAS PATTON assigned.
    04-09-2013 2 **** PRIVATE **** Filed: Proposed Temporary Protective Order
    04-09-2013 3 **** PRIVATE **** Filed: Information Sheet & Proposed Return of Service
    04-09-2013 4 **** PRIVATE **** Filed: Proposed Protective Order
    04-09-2013 5 Filed order: Denial of Request for Ex Parte Protective Order
    Judge DAVID N MORTENSEN
    Signed April 09, 2013
    04-09-2013 Case Disposition is Denied
    Disposition Judge is DAVID N MORTENSEN
    04-09-2013 Note: Called Petitioner. Temporary Protective Order denied. No answer.
    07-31-2019 Commissioner MARIAN ITO assigned.
    12-27-2021 Commissioner MARLA SNOW assigned.
    07-09-2026 Commissioner DUSTIN HARDY assigned.

  • 9. STATE OF UTAH vs. ROBERT C MCKELL CASE NUMBER 131401121

    • 20130423
    • News article
    • Utah Court Records

    FOURTH JUDICIAL DISTRICT - PROVO DISTRICT COURT
    UTAH COUNTY, STATE OF UTAH
    STATE OF UTAH vs. ROBERT C MCKELL
    CASE NUMBER 131401121 State Felony

    CHARGES
    Charge 1 - 76-9-702.1 - SEXUAL BATTERY - 1st Degree Felony (amended to) -Class A Misdemeanor
    Offense Date: January 01, 2013
    Plea: November 29, 2017 Guilty
    Disposition: November 29, 2017 Guilty

    Charge 2 - 76-9-702.1 - SEXUAL BATTERY - 1st Degree Felony (amended to) -Class A Misdemeanor
    Offense Date: January 01, 2013
    Plea: November 29, 2017 Guilty
    Disposition: November 29, 2017 Guilty

    Charge 3 - 76-9-702.1 - SEXUAL BATTERY - 1st Degree Felony (amended to) -Class A Misdemeanor
    Offense Date: January 01, 2013
    Plea: November 29, 2017 Guilty
    Disposition: November 29, 2017 Guilty

    Charge 4 - 76-9-702.1 - SEXUAL BATTERY - 1st Degree Felony (amended to) -Class A Misdemeanor
    Offense Date: January 01, 2013
    Plea: November 29, 2017 Guilty
    Disposition: November 29, 2017 Guilty

    07-19-2013 Charge 1 Plea is Not Guilty
    07-19-2013 Charge 2 Plea is Not Guilty
    07-19-2013 Charge 3 Disposition is Dismissed
    07-19-2013 Charge 4 Plea is Not Guilty
    07-19-2013 Charge 5 Disposition is Dismissed
    07-19-2013 Charge 6 Disposition is Dismissed

    07-19-2013
    4:17 The court's clerk finds the Criminal Protective Order prepared by the State eliminates the 'protective party' in this matter. The clerk will follow up with the UCAO.

    JURY TRIAL is scheduled.
    Date: 11/04/2013
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 11/05/2013
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 11/07/2013
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 11/08/2013
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601

    07-22-2013 Note: s/w UCAO; will resubit corrected C.P.O.;
    07-26-2013 FINAL PRETRIAL CONFERENCE scheduled on January 15, 2014at 01:30 PM with Judge CLAUDIA LAYCOCK
    07-26-2013 Rescheduled: JURY TRIAL rescheduled to January 27, 2014at 08:30 AM with Judge CLAUDIA LAYCOCK
    07-26-2013 Rescheduled: JURY TRIAL rescheduled to January 28, 2014at 08:30 AM with Judge CLAUDIA LAYCOCK
    07-26-2013 Rescheduled: JURY TRIAL rescheduled to January 30, 2014at 08:30 AM with Judge CLAUDIA LAYCOCK
    07-26-2013 Rescheduled: JURY TRIAL rescheduled to January 31, 2014at 08:30 AM with Judge CLAUDIA LAYCOCK

    ISSUANCE OF A PROTECTIVE ORDR is scheduled.
    Date: 08/07/2013
    Time: 01:29 p.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601

    07-26-2013 ISSUANCE OF A PROTECTIVE ORDR scheduled on August 07,2013 at 01:29 PM with Judge CLAUDIA LAYCOCK

    URY TRIAL.
    Date: 02/25/2014
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 02/27/2014
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 02/28/2014
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    09-30-2013 Cancelled: JURY TRIAL scheduled on February 24, 2014 at08:30 AM with Judge CLAUDIA LAYCOCK
    09-30-2013 Cancelled: JURY TRIAL scheduled on February 25, 2014 at08:30 AM with Judge CLAUDIA LAYCOCK
    09-30-2013 Cancelled: JURY TRIAL scheduled on February 27, 2014 at08:30 AM with Judge CLAUDIA LAYCOCK
    09-30-2013 Cancelled: JURY TRIAL scheduled on February 28, 2014 at08:30 AM with Judge CLAUDIA LAYCOCK
    01-15-2014 Minute Entry - Minutes for FINAL PRETRIAL CONFERENCE
    Judge: CLAUDIA LAYCOCK

    JURY TRIAL is scheduled.
    Date: 07/28/2014
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 07/29/2014
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    07-24-2026 02:59 PM Page 13 of
    CASE NUMBER: 131401121 State Felony39
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 07/31/2014
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 08/01/2014
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    02-12-2014 Cancelled: FINAL PRETRIAL CONFERENCE scheduled on July09, 2014 at 01:30 PM with Judge CLAUDIA LAYCOCK
    02-12-2014 Cancelled: JURY TRIAL scheduled on July 28, 2014 at08:30 AM with Judge CLAUDIA LAYCOCK
    02-12-2014 Cancelled: JURY TRIAL scheduled on July 29, 2014 at08:30 AM with Judge CLAUDIA LAYCOCK
    02-12-2014 Cancelled: JURY TRIAL scheduled on July 31, 2014 at08:30 AM with Judge CLAUDIA LAYCOCK
    02-12-2014 Cancelled: JURY TRIAL scheduled on August 01, 2014 at08:30 AM with Judge CLAUDIA LAYCOCK

    07-16-2014 Cancelled: JURY TRIAL scheduled on July 28, 2014 at08:30 AM with Judge CLAUDIA LAYCOCK
    07-24-2026 02:59 PM Page 15 of
    CASE NUMBER: 131401121 State Felony39
    Reason: Continued without date.

    JURY TRIAL is scheduled.
    Date: 04/06/2015
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 04/07/2015
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 04/09/2015
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 04/10/2015
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    07-24-2026 02:59 PM Page 16 of
    CASE NUMBER: 131401121 State Felony39
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    Exhibit lists to be exchanged on or before09/30/2014.
    Witness lists to be exchanged on or before09/30/2014.
    Jury instructions due on or before 09/30/2014.
    Jury voir dire due on or before 09/30/2014.
    Motions submitted on or before 12/01/2014.
    08-27-2014 Cancelled: FPTC scheduled on March 25, 2015 at 01:30 PMwith Judge CLAUDIA LAYCOCK
    08-27-2014 Cancelled: JURY TRIAL scheduled on April 06, 2015 at08:30 AM with Judge CLAUDIA LAYCOCK
    08-27-2014 Cancelled: JURY TRIAL scheduled on April 07, 2015 at08:30 AM with Judge CLAUDIA LAYCOCK
    08-27-2014 Cancelled: JURY TRIAL scheduled on April 09, 2015 at08:30 AM with Judge CLAUDIA LAYCOCK
    08-27-2014 Cancelled: JURY TRIAL scheduled on April 10, 2015 at08:30 AM with Judge CLAUDIA LAYCOCK

    STATUS CONFERENCE is scheduled.
    Date: 04/15/2015
    Time: 01:30 p.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    03-11-2015 Note: DUI Court referral 3/11/2015.

    RAL ARGUMENT is re-scheduled.
    Date: 08/07/2015
    Time: 01:30 p.m.

    ORAL ARGUMENT is scheduled.
    Date: 11/24/2015
    Time: 10:00 a.m.

    Mr. Brass indicates that the parties are close to resolving outstanding issues. Mr. Brass has received the state's response. Mr. Brass indicates that he will file a response by Monday.
    The parties will stipulate on as many issues as possible and submit an order to the court.
    Discovery is addressed. The state has provided all discovery. Mr. Brass will review discovery requests made before he was counsel of record for the defendant and comply.
    Discussion ensues. The court schedules a hearing for an evidentiary hearing and oral arguments. If the parties are not ready to proceed at that time,the parties waive whatever arguments they were going to make.
    ORAL ARG/EVIDENTIARY HEARING is scheduled.
    Date: 01/29/2016
    Time: 01:30 p.m.

    01-28-2016 161 **** SEALED **** Filed: Defendant's Memorandum in Support of Admission of Evidence Under Utah Rules of Evidence 412
    02-01-2016 TC/STATUS CONFERENCE scheduled on April 01, 2016 at03:00 PM with Judge CLAUDIA LAYCOCK
    04-01-2016 Cancelled: TC/STATUS CONFERENCE scheduled on May 02,2016 at 11:00 AM with Judge CLAUDIA LAYCOCK

    This matter comes before the Court for a Status Conference held telephonically.
    Mr. Brass addresses the Court stating the status ont his matter. At the last hearing, Mr. Brass was in the process of obtaining results from the forensicexaminer of certain electronic devices. Due to not being able to physically have these devices, it has caused a delay.
    Mr. Brass requests 30 days in order for him to obtain the laptop and the IPOD touch pad from one of the previous attorneys on this matter. Status Conference is continued.
    end time: 3:12
    TC/STATUS CONFERENCE is scheduled.
    Date: 05/02/2016
    Time: 11:00 a.m.

    Mr. Brass addresses the Court stating the progress that has been made since the last telephone conference. The laptop has been found and analyzed by an expert, however, not the missing IPOD. The prior investigator's spouse is searching for theIPOD along with the defense's own investigator. The expert who analyzed the laptop sent a copy of the memory board to the State's expert instead of the original. The State's expert prefers an originalfor evaluation and accuracy. This request is presently being worked out by the parties. Mr.Brass requests a few weeks in order for these two tasks to be taken care.
    Ms. Ragan states doesn't think this is relevant and suggests Motion in Limine and an evidentiary be and filed and scheduled before the court in order forthe two experts be present to testify under oath.
    The Court sets this matter for another telephone conference.

    JURY TRIAL is scheduled.
    Date: 03/20/2017
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 03/21/2017
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 03/23/2017
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: CLAUDIA LAYCOCK
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 03/24/2017
    Time: 08:30 a.m.

    JURY TRIAL is scheduled.
    Date: 06/12/2017
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: THOMAS LOW
    FOURTH DISTRICT COURT
    125 N 100 W
    07-24-2026 02:59 PM Page 32 of
    CASE NUMBER: 131401121 State Felony39
    PROVO, UT 84601
    JURY TRIAL is scheduled.
    Date: 06/13/2017
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: THOMAS LOW
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 06/15/2017
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: THOMAS LOW
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    03-14-2017 Cancelled: JURY TRIAL scheduled on March 20, 2017

    JURY TRIAL is scheduled.
    Date: 12/04/2017
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: THOMAS LOW
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL is scheduled.
    Date: 12/05/2017
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: THOMAS LOW
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 12/07/2017
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: THOMAS LOW
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 12/08/2017
    Time: 08:30 a.m.
    Location: Second Floor, Rm 201
    Before Judge: THOMAS LOW
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    11-20-2017 FINAL PRETRIAL CONFERENCE scheduled on November 29, 2017a

    11-29-2017 Charge 1 Disposition is Guilty
    11-29-2017 Charge 2 Disposition is Guilty
    11-29-2017 Charge 3 Disposition is Guilty
    11-29-2017 Charge 4 Disposition is Guilty

    The jury trial is stricken.
    SENTENCING is scheduled.
    Date: 01/11/2018
    Time: 11:00 a.m.
    Location: Second Floor, Rm 201
    Before Judge: THOMAS LOW
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    CUSTODY
    The defendant is not in custody.
    11-29-2017 Charge 1 amended to Class A Misdemeanor
    11-29-2017 Charge 2 amended to Class A Misdemeanor
    11-29-2017 Charge 3 amended to Class A Misdemeanor
    11-29-2017 Charge 4 amended to Class A Misdemeanor
    11-29-2017 Note: Deleted Charge 76-5-404 Sequence 5

    11-30-2017 Note: Deleted Charge 76-5-404 Sequence 5
    01-09-2018 183 **** PROTECTED **** Filed: Pre Sentence Investigation Report
    01-09-2018 173 Filed: Motion to Continue Sentencing
    Filed by: ROBERT C MCKELL
    01-09-2018 174 Filed: Order (Proposed) to Continue
    01-09-2018 176 Filed: Return of Electronic Notification
    01-10-2018 177 Filed: Request/Notice to Submit
    01-10-2018 178 Filed: Return of Electronic Notification
    01-10-2018 179 Filed order: Order to Continue
    Judge THOMAS LOW
    Signed January 10, 2018
    01-10-2018 180 Filed: Return of Electronic Notification
    01-12-2018 SENTENCING scheduled on February 23, 2018 at 09:00 AM with Judge THOMAS LOW
    02-23-2018 181 Filed order: Order of Interim Commitment

    Based on the defendant's conviction of SEXUAL BATTERY a Class A Misdemeanor, the defendant is sentenced to a term of 365 day(s) in the Utah County Jail. The total time suspended for this charge is365 day(s).
    Based on the defendant's conviction of SEXUAL BATTERY a Class A Misdemeanor, the defendant is sentenced to a term of 365 day(s) in the Utah County Jail. The total time suspended for this charge is365 day(s).
    Based on the defendant's conviction of SEXUAL BATTERY a Class A Misdemeanor, the defendant is sentenced to a term of 365 day(s) in the Utah County Jail. The total time suspended for this charge is365 day(s).
    Based on the defendant's conviction of SEXUAL BATTERY a Class A Misdemeanor, the defendant is sentenced to a term of 365 day(s) in the Utah County Jail. The total time suspended for this charge is365 day(s).
    Credit is granted for 2 day(s) previously served.
    SENTENCE JAIL SUSPENDED NOTE
    If the original sentence is imposed the jail time will run consecutively between the counts.
    Defendant is to pay a fine of 1142.00 which includes the surcharge. Interest may increase the final amount due.
    Fine payments are to be made to Adult Probation and Parole.
    ORDER OF PROBATION
    The defendant is placed on probation for 36month(s).
    Probation is to be supervised by Adult Probation and Parole.
    Defendant to serve 365 day(s) jail.
    Defendant is to report to the Utah County Jail.
    Defendant is ordered to report to Adult Probation and Parole and enter into an agreement and comply strictly with the terms of probation.
    Defendant is ordered to obey all laws, State, Local and Federal, and have no further violations during the probation period.
    Defendant is ordered to notify the Court and Adult Probation and Parole of a current address at all times, and is ordered to make him/herself available to Adult Probation and Parole and the court when requested to do so.
    Defendant is ordered to pay fines/fees, restitution and/or supervision fees at the discretion of Adult Probation and Parole and/or by direction of the Court.
    Defendant is to have no direct or indirect contact with victim S.M.
    Jurisdiction is reserved for prior accrued interest for 90 days. Jurisdiction is reserved for ongoing restitution for one year.
    Defendant is to obtain a psychosexual evaluation and complete recommended treatment and aftercare.
    Defendant is to abide by Group B Sex Offender conditions.
    Defendant is to pay full and complete restitution

    Defendant is to be screened by the Treatment and Resource Center (TRC) and complete all recommended programming as directed.
    Defendant is to report to Adult Probation and Parole, in person, within two business days of release from custody.

    01-22-2021 Ruling Entry - ORDER REGARDING RESTITUTION
    Judge: THOMAS LOW
    This matter comes before the court regarding the restitution that was order on May 1, 2018. The Order of Restitution was sent to Adult Probation and Parole for them to collect as part of probation.Adult Probation and Parole did not collect the restitution. Probation was terminated successfully on January 5, 2021. The restitution that was ordered is sent to the Office of State Debt Collection due to probation being terminated.
    01-22-2021 197 Filed order: ORDER REGARDING RESTITUTION

  • 10. UTAH COUNTY, STATE OF UTAH APPEALED: CASE # 20150013 STATE OF UTAH vs. ROBERT C MCKELL CASE NUMBER 131403551 Other Misdemeanor Defendants ROBERT C MCKELL, CASE EXPUNGED are linked

    • 20131219
    • News article
    • Utah Court Records

    FOURTH JUDICIAL DISTRICT - PROVO DISTRICT COURT
    UTAH COUNTY, STATE OF UTAH
    APPEALED: CASE # 20150013
    STATE OF UTAH vs. ROBERT C MCKELL
    CASE NUMBER 131403551 Other Misdemeanor
    Defendants ROBERT C MCKELL, CASE EXPUNGED are linked.

    CHARGES
    Charge 1 - 76-5-108 - VIOLATION OF PROTECTIVE ORDER - Class A Misdemeanor(amended to) - Class A Misdemeanor
    Offense Date: August 07, 2013
    Disposition: November 22, 2016 Dismissed w/ Prejudi
    Charge 2 - 76-5-108 - VIOLATION OF PROTECTIVE ORDER - Class A Misdemeanor
    Offense Date: December 07, 2013
    Disposition: June 29, 2015 Dismissed w/ Prejudi

    INAL PRETRIAL CONFERENCE is scheduled.
    Date: 06/29/2015
    Time: 08:30 a.m.
    Location: Second Floor, Rm 202
    Before Judge: DAROLD MCDADE
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL is scheduled.
    Date: 07/14/2015
    Time: 08:30 a.m.
    Location: Second Floor, Rm 202
    Before Judge: DAROLD MCDADE
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    JURY TRIAL.
    Date: 07/15/2015
    Time: 08:30 a.m.
    Location: Second Floor, Rm 202
    Before Judge: DAROLD MCDADE
    FOURTH DISTRICT COURT
    125 N 100 W
    PROVO, UT 84601
    04-01-2015 FINAL PRETRIAL CONFERENCE scheduled on June 29, 2015 at08:30 AM with Judge DAROLD MCDADE
    04-01-2015 Cancelled: JURY TRIAL scheduled on July 14, 2015 at08:30 AM with Judge DAROLD MCDADE
    04-01-2015 Cancelled: JURY TRIAL scheduled on July 15, 2015 at08:30 AM with Judge DAROLD MCDADE
    04-13-2015 49 Filed: MOTION FOR BILL OF PARTICULARS and MEMORANDUM INSUPPORT
    Filed by: ROBERT C MCKELL
    04-13-2015 50 Filed: Return of Electronic Notification
    04-14-2015 51 Filed: Remittitur
    04-16-2015 52 Filed: Subpoena Duces Tecum - ATT National ComplianceC

    HEARING
    07-24-2026 03:24 PM Page 10 of
    CASE NUMBER: 131403551 Other Misdemeanor12
    This matter comes before the court for finalpretrial conference. Counsel indicate that they havereached an agreement. The information is amended byinterlineation. The defendant is questioned andindicates he understands and waives his rights.Factual basis is heard, and victims rights attorneyaddresses the Court indicating that the victim'sneeds have been met. The Judge approved the Plea InAbeyance form, and the defendant signed it. Thedefendant enters plea of no contest to count 1 ascharged. The remaining count will be dismissedpursuant to the agreement of the parties. Defendantsplea is held in abeyance for a term of 12 months.Jury trial dates are stricken.
    PLEA IN ABEYANCE
    Defendant's plea is held in abeyance.
    Defendant waives time for sentence.
    Conditions of Agreement:
    The defendant is placed on a plea inabeyance/diversion for a period of twelve months.
    Defendant is to notify the Court of a currentaddress at all times during the abeyance/diversionperiod.
    Obey all laws and have no further violations duringthe abeyance/diversion period.
    Upon successful completion of all plea inabeyance/diversion terms, the defendant must contactthe Court in writing to request the dismissal of thecharge(s).
    PLEA IN ABEYANCE ADDITIONAL CONDITIONS
    Defendant is not to disparage the victim in anypublic way, including publications in newspapers,online articles, social media, to any third party,or in any other way that is memorialized in a publicway or viewable by the public.
    Defendant is not to talk to the victim about anypending cases in which Summer Mckell is an allegedvictim, and is to not attempt to influence her inany way in these proceedings, and not talk to herabout or comment on her role in any suchproceedings.
    Tracking review date for Plea in Abeyance:06/28/2016
    06-29-2015 Charge 1 Disposition is Plea in abeyanc
    06-29-2015 Charge 2 Disposition is Dismissed w/ Pr
    06-29-2015 76 Filed: Plea in Abeyance Agreement
    06-29-2015 77 Filed: Signed Minutes
    07-02-2015 78 Filed: Motion to Withdraw Motion to Withdraw James E.Leuenberger
    Filed by: ROBERT C MCKELL

    11-07-2016 86 Filed: Notice of No Objection to Defendants Motion toWithdraw Plea Dismiss Plea in Abeyance
    11-07-2016 87 Filed: Return of Electronic Notification
    11-15-2016 88 Filed: Order (Proposed) Order Granting Defendants Motionto Withdraw Guilty Plea and Dismiss Charge
    11-15-2016 89 Filed: Return of Electronic Notification
    11-22-2016 90 Filed order: Order Granting Defendants Motion toWithdraw Guilty Plea and Dismiss Charge
    Judge DAROLD MCDADE
    Signed November 22, 2016

  • 11. UTAH COUNTY, STATE OF UTAH [REDACTED] vs. ROBERT CLARK MCKELL CASE NUMBER 134400851 Protective Orders

    • 20130409
    • News article
    • Utah Court Records

    FOURTH JUDICIAL DISTRICT - PROVO DISTRICT COURT
    UTAH COUNTY, STATE OF UTAH
    [REDACTED] vs. ROBERT CLARK MCKELL
    CASE NUMBER 134400851 Protective Orders **** PRIVATE ****
    CURRENT ASSIGNED COMMISSIONER
    DUSTIN HARDY
    PARTIES
    Petitioner - [REDACTED]
    Respondent - ROBERT CLARK MCKELL

    CASE NOTE
    No Backups: 4/9/13
    PROCEEDINGS
    DATE SEQ EVENT
    04-09-2013 1 **** PRIVATE **** Filed: Request For Protective Order
    04-09-2013 **** PRIVATE **** Filed: Petition
    04-09-2013 Commissioner THOMAS PATTON assigned.
    04-09-2013 2 **** PRIVATE **** Filed: Proposed Temporary Protective Order
    04-09-2013 3 **** PRIVATE **** Filed: Information Sheet & Proposed Return of Service
    04-09-2013 4 **** PRIVATE **** Filed: Proposed Protective Order
    04-09-2013 5 Filed order: Denial of Request for Ex Parte Protective Order
    Judge DAVID N MORTENSEN
    Signed April 09, 2013
    04-09-2013 Case Disposition is Denied
    Disposition Judge is DAVID N MORTENSEN
    04-09-2013 Note: Called Petitioner. Temporary Protective Order denied. No answer.
    07-31-2019 Commissioner MARIAN ITO assigned.
    12-27-2021 Commissioner MARLA SNOW assigned.
    07-09-2026 Commissioner DUSTIN HARDY assigned.

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  • 1961
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