James Swink, #7998

Cache County Attorney

Spencer Walsh, #11790 (or other atty)
Deputy County Attorney
199 North Main
Logan, Utah 84321
(435) 755-1860
E-mail: swalsh@cacheattorney.org

FIRST DISTRICT COURT

STATE OF UTAH, COUNTY OF CACHE

STATE OF UTAH, AFFIDAVIT FOR ARREST

WARRANT
Plaintiff, vs

KEVIN MARK RONALD SCHUWER

383 E 100 N Case No. 18-U2116
Orem, UT 84057
D.O.B. 09/16/1989
SSN # 695-91-4606 Judge
Defendant.

I, Officer Taylor Ditzel, being duly sworn, deposes and says:

Your Affiant, Officer Taylor Ditzel, has been employed by the Utah State University Police
Department since January of 2018.

Your Affiant has received his POST training at Weber State University and graduated in January
of 2018. Your Affiant has received training in and has investigated incidents of theft, auto
burglary, and burglary which have resulted in arrests and convictions. Your Affiant has received
training in the Utah Police academy in the detection, identification, and investigation of illegal
controlled substances. These investigations were conducted under the auspices of the Utah
Controlled Substances Act, and have included substances such as marijuana, methamphetamine,
cocaine, prescription medications, and opiates. Your Affiant has investigated a wide variety of
controlled substance violations which have yielded in arrests and convictions.

Your Affiant has probable cause to believe that the above named defendant KEVIN MARK
RONALD SCHUWER has committed the following offense(s):

(1) 1 counts of Theft in violation of Utah Code Ann. §76-6-404, a Third Degree Felony;
(2) 1 count of Burglary in violation of Utah Code Ann. §76-6-202, a Third Degree Felony;

The facts tending to establish the offense are as follows:

1. On 10/26/2018, the Utah State University Police Department received a call from the
Utah State University Library Special Collections, stating that a photo was missing from
their collection. On 10/19/2018, at 11:25 AM, Kevin Schuwer is seen on camera walking
into the Utah State University special collections room inside the Merrill-Cazier Library.
Kevin is seen on camera filling out a user registration form that the library requires
before allowing access to see photographs and other special collections. The registration
form requires for the date, the individual’s name, their address, phone number and email
address. I have a copy of this form that Kevin Schuwer filled out. After the user
registration form is completed, individuals are required to complete a materials-request
slip for each collection that they wish to view. The slip requires the individual’s name,
date, time and a description of the items the individual wants to view. Kevin Schuwer
filled out eight of these forms on 10/19/2018. I have a picture of all eight forms.

2. Kevin Schuwer is then seen on camera at 3:31 PM on 10/19/2018 examining a picture

later identified as a portrait of a prominent LDS apostle, Orson F. Whitney. This picture
of Orson F. Whitney has a statement on the front of the picture that reads, “Yours Truly
O.F. Whitney” and is dated March 21st 1873. Ron Fox, who is an expert in the field of
LDS historic artifacts has appraised the photo to have a value between $2000- $3000.

3. Kevin Schuwer is then seen taking a photograph of the front and back of the picture with
his IPad. Schuwer then manipulates a storage box containing other pictures in what
appears to be an effort to obstruct the view of passers-by. Kevin Schuwer then acts as if
he is going to put the picture back into its protective envelope. He instead passes the
photo under the envelope and slides it into his gray laptop case which is on the table next
to him. All of these actions were captured by surveillance video, which has been entered
into evidence. Kevin Schuwer then replaces the empty envelope back into the pile of
photos he is looking at and continues looking at other pictures.

4. After the photo is placed into the laptop case, Kevin Schuwer remains in the special
collections room until 4:00 PM on 10/19/2018. Schuwer is then seen leaving the library
on surveillance video.

5. On that same evening, Kevin Scuwer then attempts to sell the photo of Orson F. Whitney
that he was seen placing into his laptop case at the USU Library. Schuwer contacted two
individuals by text. They will hereafter be called Victim A and Victim B. Schuwer first
sells the photo on 10/19/2018 to Victim A. After Victim A receives the photo from
Schuwer the next day, Victim A begins researching the photo to determine where it came
from. Through this research, Victim A discovered that the photo should not have been in
 Schuwer’s possession due to the fact that it was listed as being owned by the Utah State
Historical Society. The Utah State Historical Society has rarely been known to sell or
liquidate artifacts from its historical collections according to Victim A. Victim A then
expressed his reservations and returned the photo to Schuwer, who refunded his payment.
Victim A then contacted Ron Fox, the aforementioned expert in LDS artifacts in the state
of Utah. Ron Fox then contacted Utah State University about the photo of Orson F.
Whitney.

6. On or about the same time that Victim A returned the Orson F. Whitney photograph to
Kevin Schuwer, it was discovered that Schuwer had already begun negotiations to re-sell
it to Victim B. Victim B purchased the photo of Orson F. Whitney for $1500, along with
four other LDS historical photos. Schuwer then shipped the four photos to Victim B. in
California. On or about the same time, the USU Library, acting upon information
provided by Ron Fox, checked the special collections archive for the Orson F. Whitney
photograph and found only an empty envelope. The USU Library then contacted
University Police, who then contacted Victim B. Victim B submitted a written statement
about the details of the transaction entered into between he and Schuwer. Victim B then
shipped the photo of Orson F. Whitney to the Utah State University Police Department
via overnight express. Those photos were received by your Affiant on 10/31/2018 and
entered into secure storage at the USU Police Department.

7. Utah State University Library curators subsequently identified the photo received from
Victim B as being the photo of Orson F. Whitney that Kevin Schuwer had placed into his
laptop case just prior to removing it from the premises.

8. On 10/27/2018, using the name that I was provide with by library staff. I searched for
Kevin Schuwer for a Utah Driver’s License. I received a return that Kevin Schuwer has a
Utah driver’s license number of 216860221. When looking at Kevin Schwer’s driver’s
license photo it matched the same individual seen on security footage on 10/19/2018.

Because of the aforementioned facts and circumstances, your Affiant, as well as the
County Attorney, feel there is probable cause to believe that KEVIN MARK RONALD
SCHUWER has committed the above offense(s).

Your Affiant requests that a warrant of arrest be issued for KEVIN MARK RONALD
SCHUWER for the crime(s) of: (1) 1 counts of Theft in violation of UCA 76-6-404, a Third
Degree Felony; (1) 1 count of Burglary in violation of Utah Code Ann. §76-6-202, a Third
Degree Felony.
DATED this 4th day of November, 2018.

/s/ Taylor Ditzel

Utah State University Police