No charges filed in K9’s death, DA cites systemic failures at Department of Corrections

SALT LAKE CITY — Salt Lake County District Attorney Sim Gill announced no criminal charges will be filed in the 2023 death of K9 Loki, citing systemic failures within the Utah Department of Corrections.

The police service dog died of heatstroke on July 13, 2023, after being left in a vehicle equipped with a heat alert system that was turned off. Gill called Loki’s death a “profoundly unfortunate accident” but said it did not meet the legal threshold for criminal negligence.

According to the investigation, temperatures that day reached as high as 97 degrees. Officer Jacob Lee Naccarato, Loki’s handler, had left the dog inside the vehicle after completing a warehouse search. Believing Loki was in his indoor kennel, Naccarato returned hours later to discover the dog still in the vehicle.

A necropsy determined the likely cause of Loki’s death was heatstroke.

Why no charges?

Gill explained that the decision not to pursue charges stemmed from the legal definitions of recklessness and negligence.

He noted that Officer Jacob Lee Naccarato, Loki’s handler, parked the vehicle in an area near the kennels, where Loki would typically be placed after duty. Investigators believe Naccarato mistakenly thought Loki was already inside the kennel when he left the vehicle.

For recklessness to be proven, Gill said the officer would have needed to be consciously aware of the risk to Loki and disregard it. According to Gill, the evidence instead points to a mistake.

However, it’s worth noting that Naccarato refused to be interviewed during the investigation, exercising his Fifth Amendment rights.

Timeline

After an investigation was performed, a timeline of events the day Loki died was recorded:

• 6 a.m. — Naccarato began his day with a joint search operation, which utilized Loki and another search dog
• 2 p.m. — Naccarato returned to the K9 “Kennel” building and took a lunch break. The kennel is an air-conditioned building with indoor kennels that connect via dog doors to an outdoor fenced run. It is used to keep police service dogs when they’re not being utilized at the prison, according to Gill.
• 2:39 p.m. — Naccarato and another K9 officer deploy to a search call inside the prison warehouse. They loaded their K9s into a Ford Intercept belonging to the UDC.
• 2:45 p.m. — After going briefly inside without Loki, Naccarato retrieves Loki and walks inside the prison warehouse to perform the search.
• 3:02 p.m. — Naccarato and K9 Loki return to the truck, which was left running, and Loki is put inside the truck. Naccarato returns to the warehouse while the truck is still running.
• 3:12 p.m. — Naccarato drove Loki and the other officer back to the kennel building, parking in front of the building and turned the truck off. Both officers exit the truck, leaving Loki, and walk inside the kennel building where they left their vests and bags.
• 3:13 p.m. — Naccarato went inside the nearby security building while the other officer went to another building.
• 3:32 p.m. — Naccarato and the other officer are requested to respond to an ongoing incident in the prison. The two walked back to the kennel where they retrieved their vests and bags before learning the incident resolved itself. However, there was another call requesting they return to the prison warehouse to search for a missing tool.
• 3:44 p.m. — The two officers are joined by a third K9 officer and ride in a Dodge Ram to the prison warehouse to search for the missing tool, which took hours.
• 6:30 p.m. — The three officers return to the kennel, and went inside. They performed a quick debrief and decided to go home for the night.
• 6:44 p.m. — Naccarato went to retrieve Loki from his indoor kennel, where he opened it to find he was not there. He then ran out to the Ford Interceptor where he found Loki deceased.

A breakdown in training and protocols

The DA’s investigation found that the K-9 vehicle was equipped with a heat alert system designed to monitor internal temperatures and take action if conditions became dangerous. The system could drop windows, turn on a fan, and even restart the vehicle’s engine. However, the alert function was turned off.

The Department of Corrections admitted that officers were not adequately trained on using the heat alert system’s full capabilities, a failure Gill cited as a key factor in Loki’s death.

“While this tragedy was preventable, the failure to implement proper training and oversight does not rise to the level of criminal recklessness or negligence,” the letter read.

The report concluded that Naccarato’s actions represented a mistake rather than a conscious disregard for Loki’s safety.

Responsibility at the top

The investigation revealed the vehicle was equipped with a system capable of monitoring temperatures, dropping windows, and restarting the engine in extreme heat, none of the officers had received instruction on how to use these features. However, investigators found K-9 officers were not trained on the critical heat alert system designed to protect service animals like Loki.

Director of Communications and Government Relations for the Utah Department of Corrections, Glen Mills said the responsibility in providing proper training lies in those at the top.

KSL Investigators asked Mills during a press conference if anyone else is facing consequences for this lack of oversight.

“To my knowledge, there are no other people that could be looking at specific discipline in this action,” Mills said. “The department has recently gone through a transition at the administration level. We are committed to moving forward and taking the appropriate steps.”

The lack of training is now a central focus of policy changes at the Department of Corrections, which has implemented mandatory training on the heat alert system for all K-9 officers.

Preventing future tragedies

According to reporting performed by the KSL Investigators, Loki’s death cost taxpayers nearly $41,000, including $20,957 for the officer’s paid leave, $9,900 for Loki’s replacement K9, and the costs of retraining and recertification.

Following Loki’s death, the Department of Corrections implemented several policy changes to prevent similar incidents. These include:

• Mandatory training: All K-9 officers must undergo training on the proper use of heat alert systems.
• Daily checks: Officers are required to inspect vehicles and heat alert systems at the start of each shift and report to their supervisor.
• Upgraded systems: All K-9 vehicles are being equipped with updated heat alert systems.

The officer involved in Loki’s death remains employed by the Department of Corrections but no longer works with the K-9 program. Mills said an internal disciplinary committee could make a decision on his status within a few weeks to a few months.

The department said it remains committed to ensuring such a tragedy never happens again.

Despite these changes, Loki’s death has reignited discussions on the importance of proper training, oversight, and accountability in protecting service animals.

---

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