David Okerlund Leavitt, the former Utah County Attorney and alleged member of the LDS Church of Satan, has been accused of a litany of crimes over the years.
James Webb, the former owner of the Adoption Center of Utah, alleged that Leavitt threatened to use his position as Juab County Attorney in order to extort him for the return of a vehicle Leavitt had given him in lieu of money for adoption fees. Webb did so in a hearing in which he argued that the Utah County Attorneys Office should be disqualified from prosecuting his case.1 On November 26, 2019, the court in Webb’s criminal case sealed the Findings of Fact, Conclusions of Law, and Order Re: Defendant’s Motion to Disqualify Utah County Attorney’s Office.2
Webb had previously been accused of molesting his older adopted daughters from a previous marriage, and he was also purportedly diagnosed with multiple personality disorder.3 There were allegedly admissions by James Webb of sexual and physical abuse against his adopted female daughters Nancy Webb and Emma Webb.4
Tonah Fishinghawk, the mother of Allisandra Florence Fishinghawk, allegedly sold Allisandra to David Leavitt in September 2017. Leavitt reportedly paid Northern Cheyenne Tribal Chief Jace Killsback $30,000 to expedite an adoption which was illegal under federal law. Killback provided a letter to the Utah courts in the adoption proceedings falsely stating that Leavitt was the uncle of Tonah Fishinghawk.
Leavitt’s in-laws, the Eastwoods, had taken in Fishinghawk’s brother Justin as part of the Indian Placement Program, only to kick Justin Fishinghawk out of their home when he questioned the Church.
Under the Indian Child Welfare Act (ICWA), triable courts have exclusive jurisdiction over foster placement and adoption proceedings involving enrolled members of Native American tribes. Allisandra Fishinghawk was an enrolled member of the Northern Cheyenne Tribe of Montana. ICWA prioritizes the claims of blood relatives to adopt any Native child over the claims of non-relatives, and Allisandra’s father Gary Valenzuela was never notified when Tonah Fishinghawk dropped Allisandra Fishinghawk off at the Rosebud Emergency Lodge on September 20, 2017. This was a clear violation of the statutory requirements of ICWA.
David Leavitt arrived at the Northern Cheyenne Tribe on September 27, 2017, demanding custody of Allisandra. Tribal Social Services refused to comply, and under 25 USC 3207, Tribal Social Services was required to perform criminal records checks, checks of abuse registries maintained by the tribe, and checks of state abuse registries for any individual seeking foster or adoptive placement of a Native child. This did not occur, because David Leavitt walked off of the reservation that same day with Allisandra Fishinghawk and flew back to Utah.
By his own admission in a videotaped interview, David Leavitt claimed he had expedited the process by offering Jace Killsback a quid pro quo: in exchange for Allisandra Fishinghawk, Leavitt offered to use his contacts in Ukraine to help Killsback export buffalo to Ukraine.
Leavitt also allegedly paid Killsback $30,000, a fact which Jace Killsback allegedly admitted to an NBC News producer.
This was in addition to the money that Leavitt paid Tonah Fishinghawk via a US Bank account, some of which Tonah used to purchase a gold Cadillac.
In March 2019, Tonah Fishinghawk was arrested for possession of methamphetamines, heroin, and drug paraphernalia in addition to felony child endangerment after her mother Mary Medicinetop reported her to the police. The case was transferred to American Fork, where David Leavitt appeared in the record as one of two prosecutors on the case.
Leavitt did not disclose his relationship with Tonah Fishinghawk to the court, nor did he disclose the fact that he was still in the midst of adopting Tonah’s child Allisandra.
Tonah received 24 months of probation and a 365 day suspended sentence, as well as $846 in fines. The conditions of her probation required her to obtain part time employment within 120 days, and full time employment within 180 days, and to abstain from alcohol or association with establishments or persons who used alcohol, even in a private setting. She was to complete a mental health evaluation, a substance abuse evaluation, and complete all recommended treatment. Tonah was also required to comply with random monthly drug testing.
Tonah Fishinghawk failed to comply with the terms of her probation, and by November 2019, a warrant was issued for her arrest for violating her probation.
In 2022, Adult Probation alleged that “Ms. Fishinghawk’s behavior has clearly displayed a complete disregard to the orders of the court” and noted that she had not reported to Adult Probation and Parole since September 2019. Tonah Fishinghawk had been a fugitive for three years. In February 2023, Judge Denise Porter issued an arrest warrant for Tonah Fishinghawk that listed her address at 343 E 1050 S in Springville, Utah. David Leavitt was no longer the Utah County Attorney, and he was off to Scotland with his wife, his son, and Tonah Fishinghawk’s daughter Allisandra.
There was no sign of Tonah Fishinghawk because she had fled the jurisdiction for Oklahoma, where she was arrested in October 2022 for domestic violence. Her booking sheet listed David Leavitt as her emergency contact, and provided his phone number. She made a calls to his phone number and another phone number according to the sheet. She was released on January 27, 2023 after 108 days in jail.
In simple terms, the Utah County Attorney, David Leavitt, knew where a fugitive was located and did nothing to file for extradition from Oklahoma to Utah. Tonah Fishinghawk had violated her probation, and if she did not have a relationship with David Leavitt rooted in the trafficking and sale of her daughter Allisandra, she would likely have been extradited from Oklahoma to Utah for a probation violation. David Leavitt failed to report Tonah Fishinghawk’s whereabouts to the court, even though he was an officer of the courts and was well aware that Tonah Fishinghawk had been a fugitive since November 2019.
Under Utah’s criminal code, “[a]n actor commits obstruction of justice if the actor, with intent to hinder, delay, or prevent the investigation, apprehension, prosecution, or punishment of any person regarding conduct that constitutes a criminal offense…[if he]harbors or conceals a person, provides a person with transportation, disguise, or any other means of avoiding discovery or apprehension.”5
In addition to trafficking, fraud, and perjury with respect to the illegal procurement of Allisandra Fishinghawk, who Leavitt trafficked across state lines and international boundaries, Leavitt apparently committed obstruction of justice with regards to concealing Tonah Fishinghawk’s whereabouts from the court while he was the prosecutor in her case and responsible for enforcing the law with respect to her probation violation. If the allegations against Leavitt by James Webb are true, Leavitt utilized his position as a county prosecutor to extort a vehicle and evade payments for adoption fees.
The allegations against Leavitt by the Hamblin sisters go further: they allege that David and Chelom Leavitt sexually abused them, retained their father’s services to train them in a method that would enable them to foster compliance with abuse by their own children, and that David and Chelom Leavitt brought a boy “from the Greens” to Spring City. That boy was later murdered in a ceremony conducted by the Church of Satan.
Additionally, another victim has identified David Leavitt as an active member of a trafficking ring operating out of Utah. The victim claimed to have witnessed David Leavitt raping a child in person. IRA is keeping that victim’s identity confidential, but we have spoken to law enforcement and prosecutors about the allegations.
Conclusion
David Leavitt has a long track record of documented unethical and illegal conduct, for which he has suffered zero criminal culpability. The documents referenced within this and other articles are in the possession of law enforcement agencies, and they have been provided to law enforcement agencies within Utah. The question is simple: when will prosecutors and law enforcement in Utah act to save Allisandra Fishinghawk and return her to her family? When will law enforcement in Utah bring David Leavitt to justice for his crimes?
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State of Utah vs. James Webb, Motion to Disqualify and Memorandum in Support, Case No. 161400270, 171403130, Fourth Judicial District Court, Utah County, State of Utah.
Case No. 161400270
Utah County Attorney’s Office Investigative Report, Case #08CA00080, 12/29/2013, Sgt. Richard C. Hales, pp. 1-2.
Ibid.
76-8-306.