FAILURE TO PROTECT

‘Clear and present danger’: Accused serial predator headed to prison

Mar 7, 2023, 7:52 PM | Updated: May 12, 2023, 5:09 pm

OGDEN, Utah — An accused serial predator is headed to the Utah State Prison after a judge revoked his probation Tuesday.

Joshua Homer, 27, appeared in an Ogden courtroom for a sentencing hearing, wearing striped prisoner garb and shackles.

Homer is now ordered to serve his previously suspended sentence of zero to five years in the state prison.

Last October, he appeared inside the same courtroom, where he was sentenced to just nine days in jail for sex crimes against a 16-year-old. He was allowed to serve the remainder of a 90-day jail sentence on “day reporting” while living at home.

As part of the plea agreement in that case, the judge suspended his prison sentence in favor of probation but warned Homer there would be zero tolerance for committing similar offenses. While the deal kept him out of prison and off the sex offender registry, he was still ordered to complete sex offender treatment and follow sex offender-specific conditions of release.

Homer was arrested again in December, the day after a report by the KSL Investigators revealed crimes against women and girls in Homer’s past spanning the last decade, but jail sentences amounting to less than a month behind bars.

Homer admitted to several probation violations while under supervision by Adult Probation and Parole. The violations include having alcohol and a weapon, failure to start sex offender therapy, and the discovery of hundreds of files of pornographic material on his phone.

In all, Homer has been convicted of seven new crimes while on probation for another crime. He’s had his probation revoked and reinstated three different times, and twice, his probation violations have resulted in the court ending probation altogether.

Tuesday, he asked the judge for another chance.

“Your honor, I understand I violated my probation and I take full responsibility for that,” he said. “Being incarcerated for this first violation has taught me a valuable lesson of the seriousness of this. I’d like another chance at AP&P. And the next time you see me in your courtroom, it will be after completing it successfully.”

But AP&P recommended against another release on probation in a written report to the court.

“Due to the nature of Mr. Homer’s current pending probation violations, if he is found to be in violation of his probation and due to his condition of zero tolerance, Adult Probation and Parole respectfully recommends his probation be revoked and he be ordered to serve his original sentence as outlined in state statute,” the report stated.

Homer’s public defender argued he should not be sent to prison after the first instance of violating his probation in the case, while the prosecutor noted that Homer was not out on probation long before he started committing violations.

“Probation is a privilege. It is not a right. And it is not a privilege that can be easily abused,” said 2nd district judge Noel Hyde. “The court does rule that the zero-tolerance condition has been violated. And based upon that failure and the failure to comply with the other requirements, the court finds that the defendant has not taken appropriate opportunity to proceed with probation.”

Reporting by the KSL Investigators has also revealed failures by several law enforcement agencies to fully investigate sexual assault cases. As a result, four rape cases naming Homer as a suspect have now been sent to prosecutors for charging decisions. At least 12 women, in total, have reported to Utah law enforcement agencies that Homer sexually assaulted them.

This report is part of a series examining how apparent gaps at every level of Utah’s criminal justice system fail to protect Utahns.

If you have experienced sexual violence, you can access help and resources by calling Utah’s 24-hour Sexual Violence Help Line at 1-801-736-4356 (English) or 1-801-924-0860 (Spanish). You can also call the Rape Recovery Center office line during office hours at 801-467-7282 or the National Sexual Assault Hotline at 1-800-656-4673 for free, confidential counseling.


Have you experienced something you think just isn’t right? The KSL Investigators want to help. Submit your tip at investigates@ksl.com or 385-707-6153 so we can get working for you.

KSL 5 TV Live

Failure to Protect

Prosecutors filed felony charges in a Salt Lake City rape case from 2019, but later reduced them to...

Daniella Rivera

Could making this change help Utah improve sexual assault prosecutions?

Only a fraction of sexual assaults reported to police in Utah result in criminal charges for the perpetrator, but a legislative proposal could potentially change that.

9 days ago

a poster celebrating sexual assault awareness...

Daniella Rivera

‘Please report’: Salt Lake County leaders urge survivors of sexual assault to come forward

To kick off sexual assault awareness month, advocates and law enforcers are drawing attention to Utah’s low sexual assault reporting rate.

23 days ago

Joshua Homer appears in court in Weber County on Oct. 18, 2022....

Daniella Rivera and Keira Fairmont, KSL-TV

Rapist at the center of KSL Investigation ‘Failure to Protect’ pleads guilty

Guilty: An accused serial predator in Utah, who’s had more than a decade of allegations against him is now a convicted rapist following a KSL Investigation.

1 month ago

More than two dozen people packed a parole board hearing room on March 5, 2024, to support survivor...

Daniella Rivera, KSL-TV

Utah parole board reconsidering sex offender’s release after hearing from victims

In a packed parole hearing Monday, survivors urged Utah’s Board of Pardons and Parole to keep a repeat sexual offender behind bars. The hearing followed reporting by the KSL Investigators about failures to notify victims that their perpetrators are up for parole and ongoing efforts to improve the system.

2 months ago

Leah Moses...

Annie Knox

Utah lawmakers pass ‘Om’s Law,’ focused on child safety in custody decisions

Utah lawmakers gave final passage to bill requiring judges to consider evidence of domestic violence raised in child custody cases.

2 months ago

Proposed legislation aimed at boosting Utah's low sexual assault prosecution rate appears to be sta...

Daniella Rivera

Will lawmakers consider bill to boost Utah’s low rate of sex assault prosecutions?

Imagine being sexually assaulted, reporting to police, getting a forensic exam at the hospital and still being told your perpetrator can't be prosecuted under Utah's current rape law. That happens more than you might think, but Utah lawmakers have been reluctant to adopt what experts say is a sound solution.

3 months ago

Sponsored Articles

Women hold card for scanning key card to access Photocopier Security system concept...

Les Olson

Why Printer Security Should Be Top of Mind for Your Business

Connected printers have vulnerable endpoints that are an easy target for cyber thieves. Protect your business with these tips.

Modern chandelier hanging from a white slanted ceiling with windows in the backgruond...

Lighting Design

Light Up Your Home With These Top Lighting Trends for 2024

Check out the latest lighting design trends for 2024 and tips on how you can incorporate them into your home.

Technician woman fixing hardware of desktop computer. Close up....

PC Laptops

Tips for Hassle-Free Computer Repairs

Experiencing a glitch in your computer can be frustrating, but with these tips you can have your computer repaired without the stress.

Close up of finger on keyboard button with number 11 logo...

PC Laptops

7 Reasons Why You Should Upgrade Your Laptop to Windows 11

Explore the benefits of upgrading to Windows 11 for a smoother, more secure, and feature-packed computing experience.

Stylish room interior with beautiful Christmas tree and decorative fireplace...

Lighting Design

Create a Festive Home with Our Easy-to-Follow Holiday Prep Guide

Get ready for festive celebrations! Discover expert tips to prepare your home for the holidays, creating a warm and welcoming atmosphere for unforgettable moments.

Battery low message on mobile device screen. Internet and technology concept...

PC Laptops

9 Tips to Get More Power Out of Your Laptop Battery

Get more power out of your laptop battery and help it last longer by implementing some of these tips from our guide.

‘Clear and present danger’: Accused serial predator headed to prison