Cherokee man charged with burglary of house he used to own

 


A preliminary investigation into a trespassing complaint showed the alleged trespasser was listed as the property owner on county assessor records. It was learned later, he had signed the property over to his ex-wife.

Cherokee Police Chief Ryan McNeil responded to a report of trespassers on Friday, June 11, about 9:15 a.m. According to court records, Allison Bigbey said her ex-husband, Christopher Burney York, had broken into her residence on South Grand Ave. McNeil learned the Alfalfa County Assessor’s Office listed York as the property owner.

McNeil spoke with York at the property and did not observe any damage to doors. York stated that he was there to cut the grass and did have a lawn mower in the back of his vehicle. Since York was listed as the property owner, McNeil took no enforcement action.

McNeil later spoke to Bigbey who stated York had signed the property over to her. She was able to provide a copy of a quitclaim deed signed by York on March 25, 2021, in which ownership of the property was signed over to Bigbey by York. Additionally Bigbey provided a handwritten note dated March 5, 2021, alleged to have been written by York that explained his wish to transfer ownership of the property to Bigbey.

Regarding the property, Bigbey said the door on the west side of the residence had been damaged. She stated the door had not been damaged prior to this incident. Bigbey provided photographs of the door showing damage to the door frame, damage to the door handle lock and pieces of the door on the interior floor near the door. According to McNeil’s affidavit, the damage appeared to be caused by someone using some type of tool to force the door open.

In addition, Bigbey provided McNeil with two photographs that showed York standing outside of the damaged door and also standing inside of the residence. Bigbey provided a video that shows York forcing the door open. The photographs and video were taken by someone who works in the office located to the south of the residence.

Bigbey stated she did not find anything missing from the residence which she uses to store her personal belongings. She said she was concerned for the safety of both herself and her child due to York’s actions, adding that York had repeatedly shown up at her current residence in Garfield County after being told to stop coming around her and her child.

On June 17 in Alfalfa County, Christopher Burney York, 43, of Cherokee, was charged with burglary in the second degree. This crime is punishable by imprisonment for up to seven years.

 

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