Greg Kyle DeBoer, 62, appeared in a preliminary hearing Wednesday morning to face an obstruction of justice charge after burying the gun he used to shoot Patrick Hayes, 61, following a road rage incident Sept. 25.The Park Record obtained footage of Hayes’ shooting, recorded by a surveillance camera at the Ross Creek entrance to Jordanelle State Park, on the morning of DeBoer’s hearing. Video footage shows Hayes pulling up to the Ross Creek entrance at 11:09 p.m. on Sept. 25. Hayes parks with his right turn signal on with DeBoer following behind in his Jeep Gladiator. Hayes is seen approaching DeBoer’s vehicle holding a pocket knife and baton. DeBoer then drives toward Hayes before braking hard, forcing Hayes to run to the roadside.  When the Jeep lunges toward Hayes again, he falls to the ground. A verbal exchange follows.“Oh yeah, oh yeah, oh yeah,” DeBoer repeats. “You want to get out?” Hayes said. Hayes calls at DeBoer using a variety of profanity. Exactly 30 seconds after Hayes steps out of his car, a single gunshot is fired. Hayes shouts at first in alarm, and then in pain. DeBoer is seen reversing out of the pullout toward S.R. 248, leaving Hayes injured and lying near his car. No call was made to 911 until the following morning, when a passerby noticed Hayes. The caller said he was not breathing, covered in blood and lying on the ground. When authorities arrived 12 hours after the shooting, Hayes’ car was still idling with the right blinker flashing. Hayes’ pocket knife and baton — incident reports described the baton as polymer while Wasatch County Sheriff’s Office press releases characterized the baton as metal — were recovered from the scene.Investigative police reports show preliminary information and evidence “determine that this death was likely a homicide.” A search warrant was obtained for the search of DeBoer’s home after a 48-day investigation. DeBoer was interviewed by Wasatch deputies and admitted to shooting Hayes, but he claimed it was out of self-defense.In that interview, “Greg stated that he feels ‘at peace’ with his decision to use lethal force because he considers his interaction with Patrick a life or death moment.”In DeBoer’s description of events leading up to the 11 p.m. altercation at the Ross Creek area, he said that Patrick cut him off to exit from Interstate 80 onto U.S. 40 despite not being in the exit lane. DeBoer said Hayes repeatedly “ran him off the road,” but he insisted no prior collision took place. However, vehicle impound reports document damage to the rear wheel wells of Hayes’ Volkswagen Taos. Sue Ann Kern, Hayes’ fiancée, said those were not there when Hayes left for a dinner with his son in Murray the night he died.Both Sue Ann and her daughter, Sam, have said Hayes’ death and the following investigation have been extremely difficult to endure. “I remember, when I initially got the call, we didn’t know what happened. I knew that, whatever happened it was going to be hard, but it’s definitely harder in the months afterwards knowing that he would still be alive,” Sam said. “This wasn’t a freak accident. Greg DeBoer got to decide that Patrick should die, and I don’t get why he got to make that decision, and now why he’s not having to face consequences for that.” Sue Ann said that one of the hardest parts for her is the idea that Patrick could be seen as initiating aggressive behavior because of the pocketknife and polymer baton he had on him. “It was some cheap thing he probably got off of Temu,” Sue Ann said. “We want to make that clear that this was not deadly force.” Wasatch County Sheriff Jared Rigby said it’s hard to determine what DeBoer’s and Hayes’ intentions were based on the Ross Creek entrance footage. “There’s only two people involved at that point in time, Mr. Hayes and the defendant,” Rigby said. “And Mr. Hayes isn’t here to tell us his side of what he feels happened.When asked in a previous interview, Rigby confirmed there is no Utah state law that requires shooters in a self-defense scenario to report the incident to 911. “There’s not a requirement in the Utah state statute to notify someone,” Rigby said. “We find that very troubling.”While DeBoer’s claim of self-defense has skirted a homicide charge, DeBoer is facing one count of obstruction of justice for burying the .45 caliber Kimber 1911 he used to shoot Hayes. Investigative reports read that the bullet forensic specialists recovered matched a rare bit of ammunition used by DeBoer — a .45 Winchester Black Talon round, which was popular in the late ’90s until manufacturing ceased in 2000.Rigby has said that the fact that the defendant buried the firearm “is very concerning to us in law enforcement.” After the search of his home in November, DeBoer was later taken into custody and booked into the Wasatch County Jail. One day after DeBoer’s bail hearing on Dec. 28 at the Heber District Court, DeBoer paid $25,000 in bail. Then, he was fixed with an ankle monitor and released. One of the “housekeeping” issues DeBoer’s defense attorney Andrew Deesing brought to light at his preliminary hearing Wednesday was that DeBoer’s bail bondsman mistakenly paid $25,000 in bail when it was set to $20,000.Deesing also informed Judge Jennifer A. Mabey that, of the no-contact orders issued by Hayes’ family members and others, there was one that posed an issue: a protective order requested by DeBoer’s brother, Doug DeBoer. The defense said because of the current order, the pair “have an arrangement sorted where Doug leaves the house and Greg comes to take care of his mother.”Deesing is referring to the home of DeBoer’s mother, who is in her 90s and is said to have health issues including dementia. Because Doug has requested this order, Deesing says it makes the task of caring for their mother more challenging. He requested an exemption be made to the order in regard to communication for care. “I hear what the state’s saying, but he’s not charged with a crime of violence,” Deesing said. “It’s an obstruction case. I am concerned about a 91-year-old woman with dementia being sort of a pawn in all of this.” According to Deesing, protective orders filed by Hayes’ family members pose an additional issue because “he doesn’t even know who they are.” “He doesn’t know any of these people, he’s never seen them before,” Deesing said. “If he sees them at a grocery store and says hello he’s in violation of the order.” Plaintiff attorney McKay King said the state is concerned with the aspect of safety. “He does not have a history of violence, but this incident does show possibility of violence,” King said. “We are concerned about retaliation. We are concerned about contact.”Judge Mabey is set to review the protective orders ahead of the next scheduled hearing on Feb. 19 at 8:30 a.m. The post Road rage shooting footage revealed, DeBoer faces obstruction of justice charge appeared first on Park Record.