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Restaurant manager in Cedar City charged with raping 17-year-old employee

ST. GEORGE — A man was charged in 5th District Court Friday after prosecutors alleged he raped a 17-year-old employee over the course of several months of sexual abuse.

Joshua Michael Downard, 35, of Cedar City, booking photo, Iron County, Utah, Dec. 21, 2018 | Photo courtesy of the Iron County Sheriff’s Office, St. George News

Joshua Michael Downard, 35, of Cedar City, appeared in court Wednesday and was formally charged with two counts of rape, a first-degree felony; forcible sexual abuse, a second-degree felony; and a sexual battery charge, a class A misdemeanor, after he was arrested and booked into Iron County Jail Friday afternoon.

The charges stem from an investigation that began Aug. 8, when officers responded to Downard’s residence on a possible domestic violence call, according to court documents.

While investigating the domestic incident, Cedar City police learned that Downard had told his wife, who had filed for divorce two weeks prior to the call, he had multiple incidents of adultery that included “having sex with a 17-year-old girl employee at the restaurant where he is her supervisor,” according to the affidavit filed with the court.

Downard was the girl’s immediate supervisor and manager of the sandwich shop on West 200 North in Cedar City, where he, his wife and the teen worked at one point.

The teen told investigators that in April Downard asked her to take a ride in his truck and drove her to a remote area near I-15, between Summit and Parowan in Iron County, and while still inside the vehicle he “forcefully removed her pants against her will and raped her,” the affidavit says.

She also told police that Downard threatened her repeatedly, telling her he would “use his gun to kill her sisters.”

The girl also told of repeated incidents of abuse that occurred “nearly every day she was scheduled to work,” after the first incident in April, abuse that police say went on for months and took place in the restaurant where they worked, as well as in other locations in Iron, Washington and Salt Lake counties.

The last incident took place on or about Aug. 18 when Downard raped the girl despite her repeated pleas for him to stop, according to court records.

Police say Downard continually reminded the teen that she and her family would be harmed or killed if she ever told anyone of the abuse, reminders supported by the gun concealed in his waistband.

Officers were able to confirm through Downard’s ex-wife and a witness that he “carries a concealed weapon on him daily,” and owns “multiple other firearms,” the affidavit says.

Downard is being held without bail as he “poses a substantial risk to himself and the community if released at this time.” He told his ex-wife that if his actions relating to the 17-year-old “were brought to light, he would get into a shootout with law enforcement to prevent his arrest,” according to court documents.

Downard has no previous criminal history that could be located prior to the charges filed Friday.

A preliminary hearing in the case is scheduled Jan. 8 at 5th District Court in Cedar City at 2:30 p.m.

This report is based on statements from police or other responders and may not contain the full scope of findings. Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.

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