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 normally roll my eyes and wish a swarm of locusts on people who sue. However, in this case, it seems justified.
The NEXT DAY???
Something is fishy.
>>>Because the bystander, assumed to be a bad guy, is standing on that property, SWAT assumes that the house itself is bad, so they invade it too.
I can understand them restraining the Larry that came outside.
That would keep him from getting involved with the raid on the neighbor's house.
I'm still trying to understand why they raided the house he came out of.
It isn't like they followed a perp into it.
The facts are rather obvious and the violation of their civil rights are equally obvious. Even an idiot attorney could draft the lawsuit in about 1-2 hours. Best to get them served quickly before the can workout they BS excuses.
But why do the "innocent people" they accidentally raid still have to be considered criminal scum as much as the actual criminals?
Getting the wrong address is inexcusable. Period. There is no debate. If you going in with weapons drawn, ready to kill, you get the right address.
This is not a mistake, this is total incompetence.
40 years of livin' and not one call to the cops yet. In fact, I don't know anyone who has ever "needed" a SWAT team. But I guess it COULD happen...
I'll count on my own common sense and legally owned firearms to protect my ass, thank you.
Something is fishy.
Nothing fishy. Get the law suit in as quickly as possible and have the cops make depositions as quickly as possible before they can get their stories straight (or at least bent in the same direction). Why wait?
I cannot understand them restraining him if he's standing in his front yard. This was a royal f%$k-up, and I'm on the side of the civilians this time.
That would keep him from getting involved with the raid on the neighbor's house.
I agree, but jumping on him when he could have been just a bystander was clearly excessive, especially when he had his hands up. Understandable due to the adrenaline, but not excusable either.
I'm still trying to understand why they raided the house he came out of. It isn't like they followed a perp into it.
That is exactly the point. They err on the side of caution by assuming that the bystander is a BAD guy; and since they assume HE is a BAD guy, they then also assume the house he came out of must be BAD, and feel justified invading that house too. Bad logic. Lethally Dangerous logic. Since it happened so fast, I would believe that the local top cop didn't even authorize it, even though he is responsible for the actions of his men.
A conclusion that could be drawn from this episode is that the local SWAT squad unconsciously believe that anything they do is legal -- a belief that should be squashed before someone gets killed.
Trust me, I'm reaching here. The thought of the Stalinist mentally is a bit scary.
"Yeah, like, this one old dude was totally punching my knee and boots with his face."
Civil right lawsuits are not difficult to draft, especially when the facts and issues are blatantly obvious as in this case. Nothing fishy about it.
They will. Not only are they a travesty, they are unnecessary. Just snatch them when they are out in a public place. Much safer.
I am confused
Are you a swat team member?
Special Ed Weapons and Tactics.
"This SWAT team grabbed a couple of guys by mistake and you folks are wetting your panties."
Yeah, having guys barge into your house at night, throw you to the ground and shove a gun to the back of your head is nothing, you big babies. /s/
Both of them
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