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.
Larry, the son was outside. Lawarence, the dad was inside getting dressed.
Why are cops making raids all over the country every day? Back when I was in elementary school, this was what our teachers told us the KGB did to make sure we hated those pinko commie russians.
And when you have that kind of authority, you can't make mistakes. At least ones not that incredibly stupid. My 4 year old can find an address. If the SWAT team can't, I don't want them carrying firearms and breaking down doors.
an·cil·lar·y adj.
1. Of secondary importance: "For Degas, sculpture was never more than ancillary to his painting" Herbert Read.
Ummm. possible, I suppose
2. Auxiliary; helping: an ancillary pump.
Nope, don't think SWAT was 'helpful'
n. pl. an·cil·lar·ies
1. Something, such as a workbook, that is subordinate to something else, such as a textbook.
Ah...subordinate! Now we're getting somewhere.
2. Archaic A servant.
BINGO! Slaves not acting in a slavelike manner!
Don't think a jury is going to buy that one.
Yep, sounds like a reading comprehension class should be included with SWAT training.
Ouch!
Wow. That even sounds worse. Very creepy.
Thanks MT.
Oh come on....didn't y'all know that looking out front and saying "What the...." when you hear something go boom is grounds for an a$$ whuppin? Larry had it coming...it's obvious that the eye boogers he was wiping out of his eye were really some kind of biological weapon prepared to take out the SWAT team so he could make his escape.....
oh...wait....you mean the warrant was for the neighbor???
um.....never mind....
The article is poorly written, and even I got confused.
But I don't think it was the "wrong house". It appears that they were going into the right house when "Mr. Helper" Larry decided to become involved..
Must be nice to work for an employer where mistakes 'every once in awhile' is acceptable. Where do I find them?
Geez, I don't know.....got something to do with criminals maybe? Just a guess here.
You need to come to south Florida and take a ride down to Rivera Beach. You'll be asking why the cops ain't making more raids.
I think that you have this vision of a sleepy, quiet little suburban neighborhood, but if it's anything like Rivera Beach, I can easily understand why the cops would go after the guy coming out of the house next door.
What's that supposed to mean? That because terrorists exist, the local constable is supposed to have become the Gestapo?
Won't wash with me.
One of the problems with the collapse of the Soviet Union is that we don't have them around as an example of what not to do.
>>>>I can easily understand why the cops would go after the guy coming out of the house next door.
??????
Do I even want to know why you think that?
Larry is the adult son, lawerence is the dad.
Think this ever happens in Iraq.
Geez, I don't know.....got something to do with criminals maybe? Just a guess here.
How free of a country can we possibly be with "police making raids all over the country every day" and with the highest percentage of our population incarcerated than any other country?
Might we have too many, or irrational laws?
What was the neighbor charged with? Does anyone know? Did someone see him smoking a joint or something?
You need to come to south Florida and take a ride down to Rivera Beach. You'll be asking why the cops ain't making more raids.
I'd probably be asking why we didn't put them on the border to guard the country. Then i'd ask why more individuals aren't armed, since that is the only thing that would actually drop the crime rate. I wouldn't be jumping up and down asking for the cops to have more power. I would be asking for the people to have more.
I think that you have this vision of a sleepy, quiet little suburban neighborhood, but if it's anything like Rivera Beach, I can easily understand why the cops would go after the guy coming out of the house next door.
Becaue he lives in Rivera Beach, he deserves to have a gun shoved in the back of his head? Yikes. I don't think I'm with you on that one my fuhrer.
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