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Show County attorney may prosecute former Heber City police chief j process with Tesch, but Bobby Nelson said Wednesday they would not seek Van Saver's counsel again. "He sold us down the river once and we won't hire him again," said Nelson. Nelson said he and his brother were advised by Van Sciver to sign the agreement negotiated with Tesch, an action he said regrets. "I only signed it because the agreement said that the Heber City Council was going to fire us," explained Nelson. "I thought, what's the use of fighting if we're going td lose our jobs anyway." But Nelson said he later learned that the agreement contained "an outright lie." He said the provision which states, "It is our understanding understand-ing that Heber City, based upon the allegations developed in the course of the investigation, intends to and will in fact terminate the employment employ-ment of both officers for cause" was not true. "The city council hadn't made a iiiiiiiiiiiiiiiiiiiiiiiiiiiiii ill i decision yet, and they didn't even know about the agreement," Nelson i said. Wright confirmed that on q March 6. Tesch acknowledged that ; he had not spoken to any member : of the council prior to drafting the agreement. ' ' Because of that lie, I decided that : the agreement was not good ( anymore," said Nelson. "In fact, it ; was never good and so I decided to ; appeal." ( In addition to his appeal to the ; Heber City Appeals Board, Nelson ; said he has contacted the U.S. Bureau of Indian Affairs, which he said has agreed to bring suit on his i behalf on grounds of racial discrim- : ination and defamation of character. Nelson is an Eskimo. ' The Nelson brothers became the subject of an investigation by the ( Wasatch County Sheriff's Office on Jan. 15 after County Sheriff Mike : Spanos had received 20-25 allega- tions of illegal behavior by the j Nelsons. ' I i i mm niiiinrmTTiM HUT! ( by Dave Adler In a startling new development, Wasatch County Attorney Joseph E. Tesch said Wednesday he is considering prosecution of former Heber City Police Chief Bobfcy Nelson and his brother, Don, an animal control officer,, who were dismissed for cause by the Heber City Council on February 28. A decision to prosecute would run counter to the position that Tesch has assumed for the past three weeks. In a statement released from his office on Feb. 25, Tesch agreed not to prosecute the Nelson brothers "with regard to any of the matters which have surfaced" as a result of a six-rweek investigation by the Wasatch County Sheriff's Office into allegations of unlawful behavior by the Nelsons. That agreement, a plea bargain, hinged on the Nelson's pledge to accept "discharge from employment with Heber City for cause," and to refrain from appealing or contesting "in any manner" the dismissal. Informed by the Park Record on Wednesday that the Nelsons had in fact begun a two-pronged appeal of their dismissal, Tesch said he considers the Nelsons' appeal as having "broken and violated the agreement," and that he no longer considers himself "bound by the agreement." Consequently, Tesch said he "will look at the case and decide whether to prosecute." Tesch said he would make a decision this week. On March 6, the Nelson brothers informed Scott Wright, a Heber City Council member charged with immediate supervisory responsibility for the police department, of their intention to appeal their dismissal. The notice sets in motion an appeals process within the Heber City government. Wright said Wednesday that he spoke to Bobby Nelson on Monday and informed him that he had five days to make an appointment with Wright and Heber City Attorney John L Chidester, to discuss the dismissal and the reinstatement which the Nelsons are seeking. The Nelsons were told that they may bring legal counsel to the meeting. No date has been set for the meeting. The Nelsons were represented by Robert Van Server, a Salt Lake City attorney, during the negotiating |