Posted on 07/28/2005 8:42:34 AM PDT by skyman
A family says on a quiet May evening members of the Utah County SWAT team erroneously invaded their Springville home and roughed them up without cause.
The next day, the Chidester family, including Lawrence, his wife Emily and their adult son Larry, filed a federal civil rights lawsuit against Utah County and six SWAT team members.
According to court documents, the Chidesters say the SWAT team arrived on the street outside their home May 25 at approximately 10:30 p.m. They say the officers then proceeded to man-handle them in the execution of a search warrant -- albeit for the wrong address. The police unit's intended target, the suit claims, was the residence next door.
"Larry Chidester was asleep in his residence when he heard a loud bang or crash outside and exited to investigate the source of the noise," court documents say.
He observed Utah County SWAT team members departing their police vehicle and heading toward their neighbor's home. The sound he had heard was flash-bang devices detonated by the officers. However when SWAT team members saw Larry, they went after him, the suit claims.
"The officer pointed his firearm at Larry and started running towards him, yelling, 'There's one!,' " the document states.
Despite the fact that Larry had his hands in the air and told the officer repeatedly "I'm not resisting," the suit states the SWAT member continued to run over or tackle him, "and shoved his face into the ground and rocks."
The suit claims Larry Chidester was later transported to the emergency room at Mountain View Hospital in Payson to be treated for injuries.
Two officers then kicked open a side door of the home and entered Lawrence Chidester's bedroom as he was dressing, according to the suit.
"A law enforcement officer grabbed Lawrence and threw him to the floor ... the officer held a firearm to the back of Lawrence's head in the presence of his wife, Emily Chidester," the documents say.
Afterward, when the family was questioned about their names and address, the suit claims SWAT team members "admitted ... they were in the wrong house and they had made a mistake."
The Chidesters said the addresses of both homes were clearly marked by curbside mail boxes.
In the federal suit, the Chidesters claim that the members of the Utah County Sheriff's Office were "grossly negligent ... and acted with deliberate indifference" of their rights. They say the SWAT team members had no probable cause for their arrest or detention.
The family is seeking an undisclosed amount in damages to be determined at trial.
Though Utah County Sheriff Jim Tracy said the Chidester home was not the SWAT team's original objective, he said the Chidesters became involved in the raid "as an ancillary issue."
"The warrant was for the house nextdoor but in the service of that warrant they became involved ... they had contact with us," Tracy said.
He said he could not comment on the specifics of the lawsuit since he had not yet reviewed it.
"We dispute the accuracy of their version of the events," Tracy said, regarding what's been reported to date about the nature of the incident.
I hate it when that happens!
NIEGHBOR TO SWAT TEAM: "Hey, what are you guys up to over there?"
SWAT TEAM: "Get him!!"
At 10:30 at night the SWAT team would have to yell, "WAKE UP (poke..poke) WAKE UP!!!!!" to me.
yeah, like busting down the door and roughing people up is an ancillary issue. What an idiot.
Don't forget holding a gun to his head while his wife was watching in horror. Minor incidents, don't ya know?
Both the police department and individual officers need to be held accountable for a change. There are too many instances of this happening across the country.
"Larry Chidester was asleep in his residence when he heard a loud bang or crash outside and exited to investigate the source of the noise,"
OK
"The officer pointed his firearm at Larry and started running towards him, yelling, 'There's one!,' " the document states.
OK
Despite the fact that Larry had his hands in the air and told the officer repeatedly "I'm not resisting," the suit states the SWAT member continued to run over or tackle him, "and shoved his face into the ground and rocks."
OK, got it
The suit claims Larry Chidester was later transported to the emergency room at Mountain View Hospital in Payson to be treated for injuries.
OK
Two officers then kicked open a side door of the home and entered Lawrence Chidester's bedroom as he was dressing, according to the suit.
What? I'm lost. I thought he was tackled outside?
"A law enforcement officer grabbed Lawrence and threw him to the floor ... the officer held a firearm to the back of Lawrence's head in the presence of his wife, Emily Chidester," the documents say.
This is a poorly written account of events...
Good. Hope they win enough money that these idiots have to disband their SWAT unit.
Innocent people have been killed by these incidents. I hope they win and wipe out the city's SWAT team budget.
Lawrence is the father. Larry is the son. It says that at the beginning of the article.
I had a minor version of this happen in Houston Texas.
Opened the door to a cop pounding on the door at 5:30 am, thinking gas leak or fire or something.
Smashes the door against me, down on the ground, guns.
Opps. After the guy who USED to live in my apartment.
No apologies. Gruff. Left with threats to the effect of, "We're watching you! When you see Mr. XYZ, you better call us."
...the Chidester family, including Lawrence, his wife Emily and their adult son Larry
They swapped the given names and nicknames later in the story, which confused me for a bit, too. The son was the one getting dressed.
I guess Special Weapons And Tactics doesn't include reading addresses on mailboxes.......
Was it outside the house or inside the house?
Or was he arrested once and then he magically reappeared in the bedroom, after being treated at the hospital, in open defiance of the SWAT team whereas he had to be arrested again, this time with a gun to his head? ;)
How do you get a wrong house, SWAT trains meticulously for any mission doing runs through mock-ups of the building they are entering. No one thought to do a daylight driveby to make sure which house was which? At the least it smacks of incompetence.
Thanks for clearing that up. This reporter gets an F for clarity.
>>"as an ancillary issue."
What does that mean?
Sort of brings a tear to your eye and puts a lump in your throat.
Come on sing it with me .... "for the laaaaa-aaaand of the freeeeeeeee, and tha home of thaaaaaaaa braaaaaaaaaave" [applause]
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