Posted on 01/09/2008 10:56:27 AM PST by GSWarrior
Says use of response team appropriate because of father's confrontational history
GLENWOOD SPRINGS - Use of the Garfield County All Hazards Response Team (AHRT) was appropriate to seize Tom Shiflett's son for medical care because of Shiflett's confrontational history and repeated lack of cooperation, according to Garfield County Sheriff Lou Vallario.
"I wouldn't have done it if I didn't think we would have been able to accomplish it with just the deputies we had on duty," Vallario said. "The end result of what happened was based on (Shiflett's) decisions, not mine."
The team used force to break into Shiflett's home Friday night in Apple Tree Park near New Castle, and seized his 11-year-old son, Jon Shiflett. The boy was examined and returned hours later with the recommendation to ice his bruises and take Tylenol.
Paramedics alerted the Garfield County Department of Social Services about their concerns for Jon's health, leading to a search warrant and order for medical care. The boy had injured his face and head Thursday during some horseplay after grabbing onto the door handle of a moving car.
The family criticized the manner of entry and said their rights were violated because they wanted to care for Jon themselves and never asked for paramedics or invited anyone into their home. Shiflett also said authorities never told him they had a warrant, and he would have let them in if he did.
Vallario said Shiflett's statements that his family members were thrown to the ground and that the warrant was never announced are false. He said two Garfield County deputies arrived Friday before the AHRT and explained the warrant and that they would need to take the 11-year-old boy in for medical evaluation.
"He was rather vulgar in his response," Vallario said Tuesday. "I was given a court order, and I really don't feel I have any choice but to comply with that court order."
The AHRT also announced its presence and asked for the door to be opened before breaking it in, Vallario added. He said he would not have changed his decision to use the AHRT.
Two different stories have emerged about what happened.
On Tuesday, Shiflett said again that no one told him there was a warrant until after he was in handcuffs and guns were pointed in his daughters' faces.
"What (Vallario) gives you is a half-truth," Shiflett said. "The sheriff's going to tell you something, but you better make sure you have both sides of the story, because they're only going to give you part of it."
Vallario said Shiflett was arrested in 2005 on suspicion of felony menacing after chasing someone down the street with an ax.
"We have had encounters with him indicating that he's potentially violent, certainly agitating, confrontational," he said.
The 2005 arrest was never prosecuted. Former 9th Judicial District Attorney Colleen Truden signed an order simply stating her office did not wish to prosecute Shiflett in District Court for the alleged crime at the time.
Vallario said he didn't know why the decision was made. Shiflett said he did.
"I was completely within my rights under the Make My Day law," he said.
That Colorado law allows homeowners to use deadly force defending themselves from an intruder who is considered to be a threat.
Shiflett said he picked up the ax and chased the man out of his yard after 40 minutes of listening to his threats. He said he was the one that called the sheriff's office.
"You don't want to come to my house and tell me you're going to do something in my house and I can't stop you," Shiflett said. "I'm a violent person if you come into my house and start pushing me."
The Garfield County Combined Courts office said that 2005 case was Shiflett's only felony case in the county.
"Our history with him shows that he can be violent," Vallario said. "I knew he wasn't going to comply with us, I knew he had to comply with this order, so I felt like for the safety of everybody that the All Hazards Team should be called and help to support the Sheriff's Office on this."
Shiflett has said he will sue everyone on the warrant for violating his rights if an attorney will take the case pro bono, since he doesn't have the funds. On Tuesday he said no attorney has yet taken the case.
The American Civil Liberties Union of Colorado said it couldn't comment without knowing all the facts involved.
Trying to defend the indefensible. People need to lose their jobs over this. Paramedic, socialist workers and most importantly the Sheriff.
If you come to my house... and PUSH me for no reaspon, I’ll shoot your ass.
“District Attorney Colleen Truden signed an order simply stating her office did not wish to prosecute Shiflett in District Court for the alleged crime at the time.”
Translation: There was no crime.
I think this is the first time the sheriff has defended his actions by says it was announced there was a warrant to enter the house and seize the boy.
I would be interested in the history of the paramedic who caused all of this commotion. Where has he worked before; any firing; etc.
Well, I see one incident, not incidents as the sheriff says, and that incident was dropped because it looks like bona fide self defense.
Not to mention the paramedic apparently trespassed, the injury to the boy was minor, Shifflett was a medic in the military, a doctor’s eval found the boy to be just fine...and on and on.
The sheriff doesn’t have many facts on his side at this point.
If they can push into our homes without due legal process and impose their incorrect conclusions onto our families by kidnapping our children, THEN IT IS OPEN SEASON ON THOSE FOLKS! In most states we have a right to protect our homes and families from these illegal acts.
I hope then not only sue this county but I would like to see the FEDS get into the action for civil rights violations and take the sheriff and medical to criminal court!!!!!
Knock knock police warrant BANG goes the door. It all happens in only a few seconds. They don't want to give those inside the chance to actually open the door and let the police in.
No -- we don't have many facts to work with. To assume that the MSM is giving you all of the facts on this story, or any story like it, is contrary to experience.
There appears to be more to this story -- it's best to avoid hasty conclusions.
I resemble that decision.
So would I. I have had my own experience with over zealous Sherlock wannabee’s.
Almost 20 years ago I had a cute little cottage that I had installed rustic paneling in, and replaced many of the windows with antique stained glass, and installed a wood burning stove on a local river rock hearth. I called the fire department one cold morning because I thought a chimney fire mind be about to happen in my chimney. The firemen came out and climbed and inspected. One of the “firemen”, insisted that the police be called because he felt that the house “just had to have pot and worse” in it and it would be an “easy bust”. Luckily, the other firemen pretty much brushed him off like the pest he was.
A friend of mine lived in an area of Los Angeles that was near a notoriously high-crime sector of that city. To that end, he had reinforced his house and the entries thereof, to the point that his front entry was an armored “airlock” style double door chamber, much like those at a jewelry store. Except his had a 90 degree turn and didn’t allow enough room to swing a ram to open the second door.
About a year after he’d completed his modifications, one of the houses down the block became a meth lab/crack house. All the neighbors complained to the police about it. Eventually the police got around to raiding the place... but guess whose house they came to? Yup, my friend’s, because they couldn’t be bothered to read the house numbers properly.
I’m told the look on the SWAT members’ faces was priceless when they tried to ram the front door down and failed. They also tried to lob teargas in and effect entry through the windows when that failed; it didn’t work well through the polycarbonate sheeting he had instead of glass. He had a camera and intercom system installed, which the police didn’t bother to use. After he finally stopped laughing at their attempts and before they brought up some real equipment, he used his intercom to ask the police what they thought they were doing. They then claimed they had a warrant for this address. “Really? Hold it up to the camera and I’ll let you in if it’s valid.... Um, you might want to check the address on that, and then look at the number on the mailbox and painted on the curb.”
He never let them in, LAPD milled around for a while and then left.
There seems to be more than enough facts to say that the sheriff wasn't justified in using force to enter this person's property and kidnap their child. The injuries were minor, and even if they had been severe this action was way over the top by this sheriff. We don't need the government telling us when to treat our children,especially when they use force.
The stuff of my dreams. Thanks.
The sheriff department’s smear campaign is in full swing.
Yeah .. And it looks like it’s going to be by the “ I’m just doing my job “ playbook . This was a test case but they picked the wrong citizen this time .
I grew up near New Castle. The liberal influence that once was pretty much limited to Aspen seems to be expanding throughout the whole valley. I imagine Glenwood Springs is pretty much run by liberal Democrats.
No problem.
When I purchase a house I like, I’ll be doing the same thing to it. If a man’s home is his castle, there’s no reason why I shouldn’t take prudent steps to keep well-equipped intruders who have no legal right to entry outside. In uniform or not.
It’s not cheap, but you may be able to save on homeowner’s insurance as a result.
Before I moved away, my friend told me that there were apparently several attempts to burgle his house while he was away at work. None of them ever succeeded, and several would-be burglars were caught on tape.
An assessment and treatment which the state couldn't trust the parents to make....
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