SALT LAKE CITY (KUTV) \u2014 A Utah man says he endured months of fear and thousands of dollars in legal expenses after he says facial recognition technology incorrectly identified him as a suspect in a felony vandalism case.<\/p>\n
Brad Johnston learned he had been charged with damaging an Uber driver’s car when a court summons arrived in the mail. The charge stemmed from an investigation in which police used facial recognition technology to analyze a screen grab from video recorded inside the Uber car.<\/p>\n
\u201cThe only way I can describe it was just terrifying,\u201d Johnston said.<\/p>\n
According to Johnston, the facial recognition system identified him as a 94% match to the person seen in the image, cross referenced with Johnston\u2019s drivers license photo.<\/p>\n
\u201cThis AI-confirmed recognition system says you are the person. I know I’m not the person, but now it’s terrifying that I have to prove that I wasn’t there,\u201d Johnston said.<\/p>\n
Because the damage to the vehicle exceeded $5,000, Johnston was charged with a felony.<\/p>\n
Court documents show the facial recognition result as the evidence police used to recommend charges. Facial recognition technology is intended to supplement other evidence rather than serve as the primary basis for criminal charges.<\/p>\n
Johnston’s attorney, Lindsay Jarvis, argued investigators had identified the wrong person.<\/p>\n
\u201cIn this case, where we just get a generated image of, \u2018This is the person who did it,\u2019 but we don’t know this alleged suspect, that’s problematic,\u201d Jarvis said.<\/p>\n
Jarvis said records showed Johnston had not ordered an Uber ride that night, and bank records did not place him at the bar where the riders were picked up. She provided that information, along with photographs and other evidence, to prosecutors.<\/p>\n
\u201cWe gave them the photos, all of the things we had collected, and said, \u2018You got the wrong guy. By the way, here’s the right guy,\u2019\u201d Jarvis said.<\/p>\n
After several court hearings over five months, the case was dismissed, but in a way where it can be refiled with new evidence.<\/p>\n
\u201cIf the police do an investigation that isn’t completely accurate, the DA’s office is still there to screen that, to make sure, \u2018Hey, go back and get some more information or follow up on this before we file charges,\u2019\u201d she said.<\/p>\n
Salt Lake police say the evidence Jarvis provided does not exclude his as a suspect and still view him as one. Even though the summons references the facial recognition match, police say they used the Uber driver\u2019s video and alleged association with the other person in the car as evidence to recommend screening. However, Salt Lake County District Attorney Sim Gill said his office will not pursue charges against Johnston.<\/p>\n
\u201cOne of the other culprits has been identified, so that has been filed on and that’s being proceeded on, but this case will not be coming back,\u201d Gill said.<\/p>\n
The police report cited a 97% facial recognition match, although the underlying report indicated a 94% match. Gill said the case was presented to his office as a positive identification, leading prosecutors to file charges.<\/p>\n
\u201cThis is a tool and it’s a supplement to their investigation. It is not the end of their investigation,\u201d Gill said. \u201cI think that’s a good learning opportunity for us.\u201d<\/p>\n
Gill said facial recognition technology has only been used by his office during the past year and that he has instructed screeners to use more caution when evaluating.<\/p>\n
\u201cFrom my perspective as the prosecution, I can see how they filed it, and at the same time we can be much more thorough and deliberate,\u201d Gill said.<\/p>\n
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