Convicted Felon Arrested After Firearm Falls From Waistband During Struggle

Aug 28, 2020, 5:21 PM | Updated: 5:25 pm

WEST HAVEN, Utah – A 41-year-old man was taken into custody after police said a gun fell out of his waistband during a struggle with a Weber County Sheriff’s Office deputy.

WCSO Lt. Courtney Ryan said the incident happened Friday when the deputy made a stop on a vehicle for a traffic violation in the area of 2550 South and 1900 West in West Haven.

As the deputy approached the vehicle, the suspect, Charles Diarte, allegedly reached under the driver’s seat before being asked to step out of the vehicle.

As Diarte exited the vehicle, police said he reached for his waistband and refused orders to keep his hands away from his waist, as the deputy tried to gain control of Diarte.

“During this time, a handgun fell out of (Diarte)’s waistband,” Ryan said in a release. “The deputy opened the door for his K-9 partner and the suspect was bitten by the K-9 and continue to struggle. The K-9 engaged several times and (Diarte) continued to struggle.”

Police said Diarte then attempted to run away, and a taser was deployed that was not effective.

“Two civilians who witnessed the incident were able to stop (Diarte) as he attempted to run away,” Ryan said. “The K-9 engaged (Diarte) again and the deputy was able to take (Diarte) into custody with the assistance of the two civilians. A third civilian also assisted with standing over the gun to protect the suspect or anyone else from getting it.”

Diarte was treated for his injuries at the scene and transported to a local hospital. Ryan said the suspect was found to be a convicted felon and was restricted from having a firearm.

Once Diarte is released from the hospital, he will be booked into the Weber County Jail on multiple charges, including possession of a firearm by a restricted person, resisting arrest and other traffic charges.

“We would like to thank those citizens who stepped in to assist the deputy,” Ryan said. “We are truly grateful for the overwhelming support we receive from our community.”

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Convicted Felon Arrested After Firearm Falls From Waistband During Struggle