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.
Ah! Hi Mike!
What does that mean?
>>>"as an ancillary issue."<<<
something like it was unrelated but became connected (I believe).
the guy is trying to Cover his behind, and I doubt that is going to work...
"the Chidester family, including Lawrence, his wife Emily and their adult son Larry"
The son, Larry, was outside, the dad, Lawrence, was inside.
The SWAT team should consider themselves lucky that the homeowners were not armed. Since the warrant was for a different address, an argument can be made that the SWAT team were not acting on legal authority, and that the homeowners had a legitimate self-defense.
That's in the super secret advanced training.
LOL
yeah that happens ALL the time I am sure!!!!
"We dispute the accuracy of their version of the events,"
How can one deny some thing that they have not seen? Oh...government, facts need not apply.
In which case, the officers involved were no different than ordinary criminal home invaders.
One might have been a Jr. The article said he had an adult son that resided at the residence.
You are kidding me?!
Then I think robowombat is right, that is stalinist!
I honestly think it was a mistake that was carried WAYYY too far.
This does seem more incompetent than intentional, but more power to the family....I hope that SWAT team doesn't have a budget for the next 20 years or so....
Nah, since the Supreme Court upheld local gun bans as being legal, these are the folks they have to thank. A lot less barriers to totalitarianism these days. Why worry?
Does anyone have a copy of the consitution? I'm out of toilet paper.
Don't be such a putz. Cops are making raids all over the country every day, and you know what, THEY MAKE A MISTAKE ONCE IN A WHILE!. Geez.
Our militarized "law enforcement" agencies are the standing army our founders feared.
Okay, this has WEIRDNESS all over it..
THE NEXT DAY???
I could ONLY HOPE to aspire to having a client(s) walk (run?) into my office and I'm able to FILE a suit against MULTIPLE PARTIES by 4:00 o'clock the following day..
I am also sure that LAWRENCE didn't just peek over the dandalions to watch, but probably SAID something as well.
ADULT SON LARRY? Not sure exactly but why was he getting dressed? (as opposed to sleeping or going outside with Dad? I think he probably UTTERED some words as well..
bump
I'd file the next day if it were me. 9:00 AM, while I'm still pissed.
It ain't 1955 and this ain't Mayberry, Goober.
SWAT teams used to be few and far between. Now every little podunk town can't live without one. And since they blow so much money on training and special equipment, they get criticized for not using it. Therefore, the SWAT team gets called out to apprehend people who have too many speeding tickets, a kid with an 1/8th of grass, and other "dangerous" people. They're out of control and they don't get in trouble for screwing up a clearly marked address and beating people up.
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