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.
Yeah and that's why the Chief used that BS statement to explain their actions
So you're implying that you are perfect?
Congratulations! You're hired!
Do you have any clones?
You think these guys are nuts? During the past school year in Joplin,Missouri an eleven years old boy was arrested at school by two police officers. His offense? He had gotten into a shoving match, a few days earlier,at a movie theatre, with one of the officers son. These two clowns arrested the kid on their own nut and hauled him to juvenile hall. One of the officers was called to the scene as back up for the out of control father cop.
The city says the officers have been punished but refuse to say what the punishement was since it is a personnal matter. Full time cover your ass mode for these two nit wit cops just as the Utah Sheriff's office and the SWAT team are in.
swat teams should be banned except for hostage situations.
period!
Barney probably could have served this warrant in a residential neighborhood. And it looks like gomer and goober on methamphetamines attempted to.
My pleasure, Ma'am.
Believe me, I've spent the last 7 years doing historical and legal research, and the actions of our traitorous government goes from just creepy to infuriatingly immoral.
Let's see, arm the residents of Rivera Beach and the crime rate drops....hmmmmmm.
Nope. Ain't happening pal. Exponential increase.
This SWAT team grabbed a couple of guys by mistake and you folks are wetting your panties.
They could have got eight rounds in the head like a recently deceased Brazilian in London.
This wasn't a Waco or Ruby Ridge. They were probably going after some crack dealers.
>>>>and the actions of our traitorous government goes from just creepy to infuriatingly immoral.
Here is a thread that backs that up
http://www.freerepublic.com/focus/f-news/1452083/posts
Star them out delivering pizzas. When they master that skill, put them on the SWAT squad.
Circumstances. Like I said, one trip into a place like Rivera Beach and you'd be watching your back.
They run out of houses and shoot cops, dood.
I hope that you never need a cop or a SWAT team to come to your assistance.
>>> They could have got eight rounds in the head like a recently deceased Brazilian in London.
Probably off topic; but I don't think that is comparable.
They tracked that guy from a suspected house and he didn't stop when he was told to.
I personally think he was a plant to infuriate the media with propaganda to force security changes.
Personally, the SWAT teams have accomplished more "good" then "bad". One bad mistake shouldn't be cause of alarm.
Gubbermint.
If you REALLY keep screwing up, they make you department head. Then when you can't do your job you get to say it is because your department "doesn't have enough funding".
Government is the Peter Principle on steroids - The more you screw up - the more you get!
As I understand the law (and please correct me if I'm wrong), the only time the police are allowed to enter a residence without permission of the owner or a warrant is if a person's life is in danger (ie. hearing someone screaming, followed by a gunshot). But even then, they are only allowed to enter and secure the situation. Any searches have to wait for a warrant to arrive.
I grew up outside of Newark NJ. I think that is comparable to Rivera Beach.
I can understand the SWAT Team restraining the Larry that came out of the house if they were one their way to raiding the neighbors....
But I don't follow your lead on them raiding the 'wrong house' .
It's crap like this that gives decent, hard-working, honest cops a bad name.
Yeah..... if the warrant had the correct address on it... and they broke into the wrong house... I think you fire them. You tell them they can be Wal-mart greeters or something. And I think if I'm on the jury, I rule in favor of those bringing the lawsuit.
bumping.
Agreed!
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