Posted on 01/09/2008 10:56:27 AM PST by GSWarrior
Says use of response team appropriate because of father's confrontational history
GLENWOOD SPRINGS - Use of the Garfield County All Hazards Response Team (AHRT) was appropriate to seize Tom Shiflett's son for medical care because of Shiflett's confrontational history and repeated lack of cooperation, according to Garfield County Sheriff Lou Vallario.
"I wouldn't have done it if I didn't think we would have been able to accomplish it with just the deputies we had on duty," Vallario said. "The end result of what happened was based on (Shiflett's) decisions, not mine."
The team used force to break into Shiflett's home Friday night in Apple Tree Park near New Castle, and seized his 11-year-old son, Jon Shiflett. The boy was examined and returned hours later with the recommendation to ice his bruises and take Tylenol.
Paramedics alerted the Garfield County Department of Social Services about their concerns for Jon's health, leading to a search warrant and order for medical care. The boy had injured his face and head Thursday during some horseplay after grabbing onto the door handle of a moving car.
The family criticized the manner of entry and said their rights were violated because they wanted to care for Jon themselves and never asked for paramedics or invited anyone into their home. Shiflett also said authorities never told him they had a warrant, and he would have let them in if he did.
Vallario said Shiflett's statements that his family members were thrown to the ground and that the warrant was never announced are false. He said two Garfield County deputies arrived Friday before the AHRT and explained the warrant and that they would need to take the 11-year-old boy in for medical evaluation.
"He was rather vulgar in his response," Vallario said Tuesday. "I was given a court order, and I really don't feel I have any choice but to comply with that court order."
The AHRT also announced its presence and asked for the door to be opened before breaking it in, Vallario added. He said he would not have changed his decision to use the AHRT.
Two different stories have emerged about what happened.
On Tuesday, Shiflett said again that no one told him there was a warrant until after he was in handcuffs and guns were pointed in his daughters' faces.
"What (Vallario) gives you is a half-truth," Shiflett said. "The sheriff's going to tell you something, but you better make sure you have both sides of the story, because they're only going to give you part of it."
Vallario said Shiflett was arrested in 2005 on suspicion of felony menacing after chasing someone down the street with an ax.
"We have had encounters with him indicating that he's potentially violent, certainly agitating, confrontational," he said.
The 2005 arrest was never prosecuted. Former 9th Judicial District Attorney Colleen Truden signed an order simply stating her office did not wish to prosecute Shiflett in District Court for the alleged crime at the time.
Vallario said he didn't know why the decision was made. Shiflett said he did.
"I was completely within my rights under the Make My Day law," he said.
That Colorado law allows homeowners to use deadly force defending themselves from an intruder who is considered to be a threat.
Shiflett said he picked up the ax and chased the man out of his yard after 40 minutes of listening to his threats. He said he was the one that called the sheriff's office.
"You don't want to come to my house and tell me you're going to do something in my house and I can't stop you," Shiflett said. "I'm a violent person if you come into my house and start pushing me."
The Garfield County Combined Courts office said that 2005 case was Shiflett's only felony case in the county.
"Our history with him shows that he can be violent," Vallario said. "I knew he wasn't going to comply with us, I knew he had to comply with this order, so I felt like for the safety of everybody that the All Hazards Team should be called and help to support the Sheriff's Office on this."
Shiflett has said he will sue everyone on the warrant for violating his rights if an attorney will take the case pro bono, since he doesn't have the funds. On Tuesday he said no attorney has yet taken the case.
The American Civil Liberties Union of Colorado said it couldn't comment without knowing all the facts involved.
For Garfield County, CO:
According to unofficial vote totals for 2004, Bush received 10,937 votes and John Kerry received 9,077 votes.
--epodunk.com
If you can stomach the liberal cop shows on the alphabet networks, watch them and see how many times the scenario you describe is exactly what is shown.
It’s conditioning people to think that the Law can do whatever the heck it wants.
Actually, liberalism hasn’t spread up the valley that far. Fear of extreme liberals and right-wing nut cases has. It seems that the posters are overlooking the Search Warrant and Order to Treat, both issued by a judge. In Colorado, both must be supported by sworn Affidavits. The contents of those Affidavits would contain answers as to how the decision to issue the orders was made. The execution of the Orders appears to have been appropriate as no one ended up shot and no one ended up tazed or treated for additional injuries. Had a couple of Deputies knocked on the door it could have ended so differently.
The Grand Junction Sentinel reported that the threatening man was Shiflett's daughter's ex-boyfriend. That fact, and the threats, are being left out of some accounts.
The sherrif's wife is Miss Cleo. /s
Follow up ping.
Previous article... Sheriff: SWAT Team Necessary Because Man Is a "Self-Proclaimed Constitutionalist"
You were raised to be a serf.
“The sheriff department’s smear campaign is in full swing.”
They’re talking about it on the Caplis and Silverman show out of Denver right now. As usual they’re supporting whatever the “authorities” say but that’s just my crazy Constitutionalist point of view. Their point seems to be that any violation of rights is ok if they THINK the child is in danger.
Peace officers DO NOT dress like army boy wannabes.....
I hate the ninja cops......
I support Barny Fiffe
But we will never know as the Sheriff decided to take the law into his own hands and escalate it to a confrontation with out even trying to do it the correct way.
About a year after he’d completed his modifications, one of the houses down the block became a meth lab/crack house. All the neighbors complained to the police about it. Eventually the police got around to raiding the place... but guess whose house they came to? Yup, my friend’s, because they couldn’t be bothered to read the house numbers properly.
I’m told the look on the SWAT members’ faces was priceless when they tried to ram the front door down and failed. They also tried to lob teargas in and effect entry through the windows when that failed; it didn’t work well through the polycarbonate sheeting he had instead of glass. He had a camera and intercom system installed, which the police didn’t bother to use. After he finally stopped laughing at their attempts and before they brought up some real equipment, he used his intercom to ask the police what they thought they were doing. They then claimed they had a warrant for this address. “Really? Hold it up to the camera and I’ll let you in if it’s valid.... Um, you might want to check the address on that, and then look at the number on the mailbox and painted on the curb.”
He never let them in, LAPD milled around for a while and then left.
_____________________________________________
Wonderful story. The way that swat teams are acting, you will see more of this sort of thing. We actually had a state representative try to make “fortifying a house” illegal.
Sorry, can't. The closest I can get is the car chase shows, but I have to mute the audio.
Do you think they wear pink so as not scare anybody?
C34, and stop whining comrade! This is the USSA!
All Hazards Response Team...almost sounds like something you would want to encounter, sorta like mountain rescue or something.
No wonder ammo costs have more than doubled.
That idea crossed my mind. Whole lotta bloatin’ goin’ on.
Is the sheriff’s first name Nifong?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.