Former Oak Creek Mayor Rodeman files notice of intent to sue
Saturday, January 17, 2009
Former Oak Creek Mayor Kathy "Cargo" Rodeman filed notice of her intent to sue the town earlier this week in connection with a July 19 incident that included Rodeman being stunned with a Taser by a former Oak Creek police officer.
The notice of intent to sue was served Wednesday to Oak Creek's town attorney Bob Weiss, said Kris Hammond, Rodeman's lawyer. The notice of intent simply preserves Rodeman's right to sue at a later date, Oak Creek Mayor J. Elliott said. By law, she had 180 days after her arrest to notify the town of such intent.
Rodeman and Weiss did not return calls for comment Friday.
Rodeman initially announced her intent to file a civil lawsuit Oct. 1 - the day the District Attorney's Office dropped all charges against her and her co-defendants. She said she planned to sue the town of Oak Creek, and possibly its former officers, seeking unspecified damages for allegations of excessive force, illegal entry and illegal searches.
Former Oak Creek Police Sgt. Erik Foster arrested Rodeman, 54, after he said she failed to use her turn signal and then fled from police. Foster is said to have pursued Rodeman into her home and then used a Taser to subdue and arrest her on suspicion of misdemeanor charges of eluding police, obstructing a police officer, resisting arrest, driving under the influence of alcohol and driving under the influence per se, as well as a traffic infraction of failure to signal.
Charges also were dropped Oct. 1 against two other women involved in the incident. Shoshanna Montoya was arrested July 19 on suspicion of third-degree assault and obstructing a police officer for allegedly trying to prevent Foster from entering Rodeman's home. Tashena Montoya was cited for obstructing a police officer and possession of drug paraphernalia.
During a Sept. 10 hearing, a Colorado Department of Revenue hearing officer dismissed the driver's license suspension Rodeman faced after failing a Breathalyzer test on the night of her arrest. Foster resigned, along with former police Chief Russ Caterinicchio, the following day.
Rodeman and Hammond had appealed the suspension on the grounds that Foster's warrantless entry into Rodeman's home was unlawful.
During the Oct. 1 court hearing for the criminal charges, County Court Judge James Garrecht said prosecutors doubted they would have been able to prevail, and he approved motions dropping all charges in connection with the July 19 incident.
No hearings have been scheduled on the matter, and a copy of Rodeman's notice of intent to sue was not available Friday.
If Rodeman's lawsuit ultimately prevails, any settlement would be handled by the town's insurance company, town Trustee Chuck Wisecup said.
Comments
oldskoolstmbt 4 years, 4 months ago
so....why did cargo run into her house instead of speaking to the cop outside of her house?
Duke_bets 4 years, 4 months ago
I hope she sues and wins a ton of cash. The board that hired Russ and Erik are to blame. After 100's of complaints, the Town of OC kept those 2 on the payroll. Mayor J tried to defuse the police dept. long before the incident and he got the Bleuer punishment. What happened to Tom anyway?
How did he get on the board to begin with? Same goes with Fisher but that is too obvious to rant about. Don't tell me, KH counted the votes in the last couple of elections.
Scott Wedel 4 years, 4 months ago
I think it is possible to love a town and also think the town government is messed up and that those responsible should pay damages caused by an unlawful arrest that included being tasered in violation of the town's taser policy.
And since the town never did get an independent investigation of what happened, it appears that a trial will be the only way to determine what happened and if there were clear warning signs or if all the complaints were properly investigated and so on.
Mike Coziahr 4 years, 4 months ago
How can this be a surprise to anyone? So many in Oak Creek are adamantly ant-police/law enforcement. Rodeman, who is known to be somewhat less than law abiding herself, rode this sentiment into city politics making it the keystone of her election and term as mayor. But please, by all means keep acting like you're acting and keep being surprised that you can't recruit or retain qualified law enforcement professionals. Caterinicchio and Foster were unqualified, unprepared, heavy handed and ultimately unprofessional, to be sure. But they are the very best you can expect when you make the likes of Cargo Rodeman leaders of your community.
Edited as not to offend or inflame
Scott Wedel 4 years, 4 months ago
Eileen Rossi and the current Sheriff's dept has been able to patrol OC without controversy. And the excuse that OC needs a police dept to ticket cars blocking snow removal is false because that can be done by Town employees and the excuse that Public Works is too busy is false because there are vehicles on the street that have not moved for months.
There are many with libertarian leanings in Oak Creek. Remember the Town Board did a protest vote against the Patriot Act and was among the first to not fund Gramnet.
It should be obvious to any officer that heavy handed policing is not going to be welcomed by many.
It is not that hard to find experienced or inexperienced laid back officers. Most people are probably more willing to accept an incompetent laid back officer than an incompetent heavy handed officer.
I think most would prefer competence.
Cargo won reelection as mayor by about a 3 to 1 margin. The idea that Cargo is the problem is to take the viewpoint of a small minority.
Mike Coziahr 4 years, 4 months ago
Thank you Scott for making my point.
Eric J. Bowman 4 years, 4 months ago
The real issue here, is punishment in a society based on the rule of law. The covenant we adhere to as a society, places punishment in the hands of the Court. Not the arresting officer, or any other aggrieved party (including flight attendants).
I disagreed with a decision by the courts to not charge a juvenile drunk driver as an adult, or let him out after two years. I still vehemently disagree that "he'll have a vehicular manslaughter charge dogging him all his life" goes far enough in punishment for an act that I consider to have been murder. But it is not for me to exact retribution by punishing him myself. Vigilantism is not the answer, no matter how strongly I feel that justice was not served.
Which, I imagine, is the hardest part about being a peace officer. Resisting the temptation to dole out the punishment you feel is necessary, because you don't trust that justice will be served otherwise. Tasering a suspect who is sitting in a chair with her hands up, crosses right over that thin blue line between law enforcement and vigilantism. It is not part of the police officer's job description to mete out punishment at the scene -- I thought we'd cleared that up with Rodney King.
The only way that civil society based on the rule of law functions, at least in America, is when the separation of powers is observed. Punishment is the purview of the Courts, not Law Enforcement. It is not for the Police to act as judge, jury and executioner.
Tasers kill, using them in a situation where deadly force was certainly NOT required is a violation of the Eighth Amendment's guarantee against cruel and unusual punishment. But only if those who are subjected to uncalled-for Taserings stand up for their rights.
The fact that Cargo was Tasered in a situation where deadly force was not warranted, is a separate issue from the others in this case, i.e. illegal entry -- the Tasing wasn't warranted even if the entry had been. Vigilante cops dealing out punishment to those they suspect of drunk-driving and administering the breathalyzer after, aren't welcome in Oak Creek, nor should they be. Speeding or eluding, if they occurred, are equally irrelevant to the matter at hand -- punishment.
Just as flight attendants can't judge an unruly passenger's intent to be terroristic in nature, they shouldn't be able to punish someone in anger at their actions or attitude by having them brought up on terrorism charges which, thanks to the Patriot Act, strips those passengers of all protection under the Constitution and even subjects them to the cruel and unusual punishment of having their children taken away.
We stand up for our rights in this country, or we surely lose them. AFAIC, Cargo's petition for redress for having been Tasered while sitting down with her hands up is something people should support, even if grudgingly, all other issues aside, because if we don't we can all literally kiss the Constitution goodbye.
Buzz_Lightyear 4 years, 4 months ago
Overzealousness is one reason law enforcement is looked at with disdain by some individuals. You can have police officers who uphold the law and do so in a measured fashion. What I mean is not every offense is a capital offense or felony that requires breaking down doors or the use of tasers or drawn weapons. Adrenaline is no excuse for brutality or overzealousness.
Sadly, the trend in law enforcement seems to be officers who mistake having a badge for a license to be rude, obnoxious and macho. Makes me wonder what they teach in law enforcement training programs.
As for Cargo, if she sues I hope she loses. She failed a DUI test even if no criminal charges were filed. She was wrong to drive while under the influence and just because Foster went over the top doesn't make her entitled to a windfall on the back of OC.
Russell Orms 4 years, 4 months ago
Got to love a town that doesn't want any law enforcement. They just want to drive drunk, on drugs, no code enforcement, no parking restrictions, just let us live man.
Scott Wedel 4 years, 4 months ago
Mike, For me to accept that I also made your point would require accepting that there cannot be competent laid back officers. The Sheriff's dept is laid back compared to Russ and Erik.
Look at the types of issues of concern. Snowmobiling on the streets - I've seen people during the day snowmobiling on the streets to and from the gas station or taking a quick loop after spending lots of time tuning it up. And that does not bother me or bother most people in most places. I have not seen snowmobiles driven in traffic or stupid stuff like pulling people behind a snowmobile.
Likewise for dogs at large - they are people that don't use leases or let their dogs out and the dogs wander, but I have not seen people being threatened by an at large dog and virtually all of those dogs are leased or locked up overnight.
Laid back officers are willing to consider the intent of the law as well as the words of the law and may not always enforce breaking of the letter of the law as long as the safety of others is not threatened.
Mike Coziahr 4 years, 4 months ago
Scott, what you really mean when you say you want a "laid back officer", is that you want to do whatever you want without being held accountable by law enforcement. If it is against the law to ride your snowmobile in the street, or let your hound dog run loose all day, drive drunk after several hours at the Colorado Bar or (my personal favorite), get loaded and ride your horse through town, then it is not harassment or discrimination for police officers to take action against those who do. The problem with some in Oak Creek, and I think you specifically Scott, is that you really want to do what you want, when you want regardless of whether it's legal or not, or if it may affect others in your community. Sometimes preventable tragedies happen when laws are not enforced.
So this is what I think you should do Scott, go ahead and keep doing what you're doing and hire that laid back officer you want who won't hurt your feelings or enforce the law. Then when a dog seriously injures or kills a child after running loose for a week, or a drunk walks out of the Colorado Bar and mounts his trusty steed (car, horse or snowmobile), and kills someone, I will blame the police for not enforcing the laws they were sworn to uphold. But I'm also gonna blame you...
upstream 4 years, 4 months ago
no one could possibly be surprised to hear that Cargo intends to sue Oak Creek- particularly after the letter she wrote soliciting contributions to her drunk driving defense fund and promising to pay back every donor just as soon as she got her payola from the town. this lady is just too much and she is about to clean up. What an anti-hero. And, of course, we won't mention the strange conincidence of the last such pay out received by Eve Ege, wife of trustee Ege, while Cargo was mayor- because last time I did I got a threatening little e-mail from board member Ege himself. But I will ponder just how he ended up a police commissioner...
honestabe 4 years, 4 months ago
Ege ended up a police commisioner because, unlike your man Fisher, he is trusted by many in town, and was not blinded by Russ and Eric's deceit, as Fisher was. The former police commissioners have put town in this predicament of a potential lawsuit by allowing an overambitious, ignorant cop to roam the streets of o.c., against most townspeoples better judgement. Yes it seems Cargo is being overvindictive and opportunistic here if she sues, but no suit has been filed yet, so judgement on her actions is not in yet ( in regards to her suit.) I just ponder why Dave Fisher is no longer a police commissioner.....
Duke_bets 4 years, 4 months ago
Mike - Your argument is way off base. The comments towards Wedel are unfounded. He has never been a part of the problem, but has always looked to be a part of the solution.
Mike Coziahr 4 years, 4 months ago
My apologies to Mr. Scott Wedel. In review of my previous posts, it would seem clear to anyone that I am directing my comment(s) directly toward him personally. This is not the case. I do not know Scott Wedel, but have made him the sole representative of Oak Creek citizenry. This is not appropriate as it is apparent that he in fact cares about the issues of Oak Creek and the police department. We don't have to agree in opinion to agree in principle.
upstream 4 years, 4 months ago
ironically, it was Cargo who appointed Fisher to police commisioner after he won his seat from among a rather large pool of candidates. She was also a major force behind Bleur being appointed to the board after Bill Paxton resigned (stating he could not abide by the way Cargo was running townhall). She was also a key force in bringing "KH" into townhall. the way I see it, these folks all became disillusioned with the Cargo centric approach to town government and spoke out loud and clear. Not surprisingly, all are now "the enemy" to Cargo's minions.
A lot of us view these folks as hard working community members who get little recognition for the hours they put in to making this town function (even if we do not agree with every decision they make).
Scott Wedel 4 years, 4 months ago
What I mean by a laid back officer is one that considers the intent of the law which is typically public safety when enforcing the law. So someone driving a snowmobile in a careful manner to the gas station is not a big deal. Likewise, nonthreatening dogs not on a lease is not a big problem. Or even those that make a U turn on Main when there is no traffic is not a serious threat to anyone's safety.
Jaywalkers on Lincoln in SB are a far greater threat to public safety
I have never said that drunk driving or impaired was acceptable. What I have said is that the police also need to act lawfully. Cargo's arrest clearly violated US Supreme Court decisions Welsh v Wisconsin (need a bigger emergency to enter a house without a warrant) and Wilson v Arkansas (police must knock and announce before entering a house except in the most dire circumstances). She was then tasered in violation of the Town's taser policy that was also not followed when the officer did not call for a medical check.
The Chief's investigation of the incident took no more than hours before he declared there were no issues. He came to that conclusion without consulting a lawyer regarding the legal issues and by claiming there was a new secret taser policy that had not been violated.
The great irony of that situation is if the police had been competent and lawful, they could have had an open and shut case against Cargo. Instead, the case was tossed because of the exclusionary rule which was created by the US Supreme Court as the only way to be sure that the police follow the law when gathering evidence or making arrests.
mtroach 4 years, 4 months ago
"Jaywalkers on Lincoln in SB are a far greater threat to public safety"
Hey you leave us out of this, keep the comments related to SRoutt crime.
Scott Wedel 4 years, 4 months ago
Damages are not supposed to be a windfall, but just compensation for the damages that was caused. Being tasered in your house by the police that illegally entered your house is a pretty serious impairment of life, liberty and the pursuit of happiness. Would you feel safe in your house after that?
I think the Town's insurance company will pay if Cargo wins so OC taxpayers are not at risk. Town might then have troubles getting affordable insurance to cover their police dept.
It is my understanding that if the police officers joined that state peace officers union then that insurance will cover them if they are found personally liable.
The police commissioners probably are not covered by insurance, but as long as their mistakes are less than willful misconduct (ie knowing that they were doing wrong) then they should not be liable. So if they are held liable then it would mean the jury did not accept that these guys were honest citizens doing their best.
cargo 4 years, 4 months ago
I know this is an exercise in futility, but it is not my 1st or last attempt. I have questions for the few of you who seem to have negative literary "brainstorms", judging the people or places in every story the Pilot prints within which you can find a way to belittle said people or places. How many foster children have you taken in? How many benefits have you held or helped organize and work on for your neighbors in need? How many community events do you chair or help organize & run? How many National, County or locale organizations have you volunteered to sit on the boards of? How many public offices have you run for? How many miles of road do you walk, picking up litter? How many times do you try to walk a mile in your brother or sisters shoes before you decide you know everything about whatever happened to them? How many graves do you visit either regularly, to pay respect, or on Memorial Day to place flags on? How many children have you mentored when they needed help with a social or school problem? How many Thanksgiving or Christmas dinners have you made or helped with for those who have no where else to go? How many Easter egg hunts have you sponsored or colored & hid eggs for? I hope you give these things at least the amount of time you give to bashing me. (And Oak Creek because of me.) I have lived & worked (and shopped) in this valley for over 37 years::::and I know I am a good person. Tally up your answers. You may be as good as me, but you are not better. Respectfuly, Cargo P.S. Last question. How often do you get your point across when you use a fictitious name & the person you are talking about has no idea who you are?
cargo 4 years, 4 months ago
P.P.S. I know & like many Police Officers and dislike very, very few. Hate to disappoint you, but it is the truth. Most Officers in any branch of law enforcement are good & caring people. That's the problem with generalization......and why I don't do it.
Mike Coziahr 4 years, 4 months ago
Yes Cargo, I'm sure you are a WONDERFUL person. An upstanding citizen and fine example to the children of Oak Creek and Routt County.... Or maybe not so much.
Eric J. Bowman 4 years, 4 months ago
@LTFO: And the Constitution be damned? I lost a fiancee to a drunk driver. But I didn't hunt him down and kill him when he was let out after 2 years (turned 18). I may not agree with that decision, but the Law is the Law and it goes both ways. If you want the Constitution waived in the case of drunk drivers, then by all means do what you can to create legislation that does that, just like the Patriot Act did for airline passengers:
http://www.latimes.com/news/nationworld/nation/la-na-airline-felonies20-2009jan20,0,5468299.story
@mtroach: OK, as soon as you folks from Steamboat refrain from discussing the situation here in OC. ;-) Fair game otherwise!
@Scott: Your perceptions of snowmobilers trundling around giving no trouble is shaped by the fact that you don't spend nights here, when the Yo-Yos come out and make 60+ mph speed runs through residential neighborhoods while ignoring stop signs. The ones I've flagged down in front of my house weren't sober, either, and I'm tired of them cutting through my property, just as Gerry's fed up with that behavior across the street, and I've lost track of the number of times that snow pile at our end of Oak Street gets used as a launching ramp. Decker Park isn't meant to be a snowmobile track. Oh, sure, they drive all careful the next day when they go to the gas station for a fillup, and you see them...
Yet for some reason, this behavior is accepted by many around here who would certainly have a problem with anyone driving their car or truck or motorcycle by their house at that speed...
These folks can always move up to Willow Creek Pass, a private neighborhood where snowmobiling is allowed, like it can't be on the PUBLIC streets around here. Or, drive 10 minutes and snowmobile legally... Snowmobiling complaints may be down this year, but ridership certainly isn't. This is exactly why a cop or two around here would come in handy.
Eric J. Bowman 4 years, 4 months ago
@Mike: Do you have a purpose here besides flaming individuals or entire towns? Do you even live in OC? I have no idea what you're even trying to argue, here. Is it possible to state it concisely, perhaps even inoffensively?
Chris Tritz (formerly of OCPD) never got any complaints around here that I'm aware of, his fellow Deputy Jeff Bond doesn't arouse anyone's ire even if he's ticketed them in OC Canyon (oops...) -- I'm sure there are many more examples in local law enforcement of just the sort of officer Scott was talking about. Is there any incident you're aware of, where those two example officers have been ineffective at their jobs? I can point to examples of their service to this County being nothing short of exemplary.
Just what is it about their laid-back, easy-going nature that makes you insist that they can't be effective at their jobs? Are you claiming they're unprofessional because they aren't hard-asses? Do they need some sort of training to make them aggressive enough to suit your definition of effective law enforcement? If OC could afford to hire that sort, I'm sure we'd try, because what we want is COMMUNITY POLICING, not a Police Chief who believes his secretly-enacted private policies override our duly-enacted-by-elected-officials public policies.
Community Policing involves accepting input from the community, a notion that the reactionary Chief C simply did not subscribe to -- perhaps because he wasn't laid-back or easy-going enough to be a small-town Police Chief.
upstream 4 years, 4 months ago
well, cargo, the problem is that you are asking us to overlook the fact that you willingly got drunk and then drove your car through our town. based on your record this was not an isolated incident. you are now going to sue our town with the help of mr. hammond and then repay the people who fronted you the money to afford his services to get you off the drunk driving charges in the first place(if we are to believe the letter you wrote soliciting funds). i, for one, couldn't care less if you were mother theresa- this stinks of self-centered greed. Seems like you got your pay-back when the cops involved were run out of town and deprived of the ability to make a living while the economy burns (if what you are truly seeking is to guaruntee the meanies never taser another Oak Cretian). if you want to be vindicated in the eyes of the community, how about telling us all you are sorry for placing our lives below your own or maybe vow to never drive your car the 1/2 mile home from the Colorado Bar again? you have certainly done a lot of good work in your life- but this was plain stupid. don't expect us all to feel good about the town's insurance company paying you more than we could earn in several years by getting up every day, going to work and obeying the law.
arnonep 4 years, 4 months ago
cargo, Did you use your turn signal? Were you intoxicated? Did you flee? Did you assault an officer? Answering these questions would take a lot of steam out of this discussion.
Others, Where will the money to defend Oak Creek and settlement for Cargo come from?
Scott Wedel 4 years, 4 months ago
If someone is zooming in a snowmobile then sign a complaint. Take a quick video even with a cell phone. Even a crappy video can give a pretty good idea of relative speed.
While the Sheriff's dept is not interested in enforcing OC's municipal code, someone going really fast could be charged with reckless endangerment and Eileen Rossi on wed Jan 21 told me that the Sheriff's dept will respond to and enforce reckless endangerment.
Maybe they don't do it during the day when I'm there because I have called in that sort of dangerous behavior and signed complaints.
Scott Wedel 4 years, 4 months ago
Upstream, Unlike the rest of us, Cargo is imperfect. She spends time helping others and also makes some mistakes.
If Cargo thought she was drunk and posed any sort of risk driving home then do you really think she would have let her two god daughters get in her car and ride home with her? If you had met any of them then you would know that Cargo would never intentionally endanger them and they would not risk their lives getting into a car driven by a drunk Cargo.
And Cargo's alcohol level was .08 which for a person of Cargo's weight, is one drink too many with not enough food.
Not that it was right for Cargo to drive home while alcohol impaired, but it is just as wrong to suggest that Cargo knew she was driving home alcohol impaired.
If Cargo has not yet done enough for you to forgive and accept her then just acknowledge that you think Cargo has done unforgivable things and you will never forgive her. That is your right. But please don't ask us to believe that you have an open mind and just a little bit more to change your mind.
You need to accept the fact that Cargo won reelection as mayor by a huge margin and is considered to be a friend by a great many people in OC. If it bothers you that OC is the type of place that is proud that Cargo lives there then you need to look in the mirror and decide if you should live in OC.
Lastly, it is revising history to say that Cargo got rid of the police dept. The critical sequence was the open letter ad in the Pilot in which the business owners apologized to their customers. The Town Board then asked the business community to come up with a solution. Business community overwhelmingly recommended resignation or termination. Officers resigned just prior to next board meeting.
Cargo did not win her license suspension case until after the business community had recommended resignation or termination.
Between the night that Cargo was Tasered and the police officers resigned, the Town only managed to try to start an independent investigation and ask for the business community's recommendations. In the business community meetings, Cargo's arrest was not even among the top three most discussed issues of why the officers should resign or be fired. Her case was still unresolved. Incompetent handling of incidents involving members of the business community were of more concern to most of the business community. I can say that because I was in those meetings.
Eric J. Bowman 4 years, 4 months ago
Scott,
Snowmobiling is not a code enforcement issue. We are talking about the illegal operation of a motor vehicle on public streets. Drivers' licenses have "motorcycle endorsements", not "sled endorsements". License plates are not made for snowmobiles. This is because they can't be licensed for on-road use -- every snowmobile sold is explicitly labeled "for off-road use only". As such, they may not be insured for operation on public streets, and last I checked, driving an unregistered, uninsured vehicle on public streets, speeding or not, are moving violations.
Anyone caught snowmobiling illegally is subject to an automatic one-year suspension of their driver's license due to those moving violations. This is beyond the job description of "Code Enforcement Officer" except maybe in Decker Park (where I've never seen anyone hauling butt on a dirt bike), as with any moving violation on public streets.
Grainy night-time footage can't establish the identity of sled or driver, not at the speeds I've witnessed regularly around here. Besides, while you can call the cops on someone weaving on the highway, or passing illegally, you can't have someone busted for speeding. Only the police can, and only with the proper equipment, properly maintained.
So the police would actually have to witness these Yo-Yos in action -- then attempt to chase them down in their patrol unit, if this were simply a matter of excessive speed. Of course, they don't, since operating off-road vehicles on public roads is blatantly illegal to begin with. All the police have to do is follow the tracks to the parked sled with the hot motor.
Duke_bets 4 years, 4 months ago
Eric - 'If there was a clear record that Russ and Eric really bungled it'...........The clear record was when the DMV and state both dropped all charges involved in this incident directly into the trash without hesitation.
Upstream - You seem to have insight on the lawsuit, which you don't. And, 98% of the business owners in Oak Creek ran Russ and Erik out of town. Really nothing to do with Cargo. In other words, your entire post is BS!
Eric J. Bowman 4 years, 4 months ago
Of course, I would have preferred that the DA investigation had gone forwards, resignations or not. That is much more desirable than leaving it up to the citizen to have to sue the town, in order to prove that a legitimate grievance even exists. Had that happened, if there were a clear record that Russ and Eric really bungled it on this one, there would be no need to support Cargo's lawsuit against the Town. Just as if the Board hadn't been stone-deaf to all the complaints before the Tasering, perhaps they could have reined in the PD before it got to that point. But when it gets to where it got to, I'd do what Cargo's doing (without the solicitations / reimbursement promise), had I been wrongfully Tasered for whatever reason and was left with no other means of redress.
Scott Wedel 4 years, 4 months ago
In my dealings with the police, there is no need that they witness the crime. You can be the witness. You can identify the person. You can identify the sled. You don't need a video, but having independent evidence of the seriousness of the reckless behavior helps the case against them. It certainly stops them from being able to tell the judge that they were just dong a quick test after tuning it up and weren't doing anything objectionable.
If you and Gerry are both witnesses then the case against the reckless snowmobiler is that much stronger. You and someone that came within 4 votes of being mayor can't sign a complaint?
If the people of OC won't sign complaints and be witnesses to the crimes that they see then no wonder it is so hard to get and keep good officers.
Eric J. Bowman 4 years, 4 months ago
Your assumption is incorrect, Scott. There are a few snowmobilers around here who hate me with a passion because I called the cops on them. Also, when someone blasts through your backyard at 3am on a sled, all that you can really report are the tracks. It's all over quicker than anyone can get out of bed to take photos...
The point I was trying to make, is that snowmobiling goes beyond code enforcement, but does not rise to the occasion of calling the Sheriff to do something about it -- in the past I have not hesitated to call the OCPD, Linda in particular was good at following the tracks to the hot sleds and issuing citations.
Eric J. Bowman 4 years, 4 months ago
Duke,
I don't think that's right. The DMV decision and the DA's decision were based on the warrantless entry. Nowhere in those two decisions is anything mentioned about the Tasering. Had it gone forward, the DA investigation could have determined whether or not the Tasering was appropriate. Where we are now, is nothing on record anywhere stating that the Tasering wasn't copacetic unless Cargo sues, which is the only recourse she's left with as a citizen.
Cargo got off the hook because her Fourth Amendment rights were blatantly disregarded, and the system has not failed her where those rights are concerned. But what about the Eighth Amendment? The system has failed Cargo in that regard, by trying to sweep this under the rug by dropping the DA investigation after the resignations. I hope Cargo's trial moves forward, and clearly establishes the error of Tasering a citizen who's sitting down with her hands up.
Matthew Stoddard 4 years, 4 months ago
Pat- On the assaulting an officer question, if you had a chance to listen to the 911 call that was posted when this first happened, Cargo was on the phone as the officer was trying to get in.
You can tell from the background noise that the phone was at least some distance from where you could hear any background noise/voices. You also hear as she's saying (it's been a while- haven't listened recently) that she was basically giving herself up as he was ready to Tase her. Only the other 2 women would have been able to assault the officer.
Scott Wedel 4 years, 4 months ago
Eric, I don't know why you say that snowmobiling at 3 am in your yard doesn't rise to that of calling the Sheriff's dept. You have trespassing, possible property damage to plants so that is vandalism, possible reckless endangerment and such.
it is my understanding that the Sheriff's dept is not interested in responding to stuff unless it clearly affects public safety or property. So stuff like a nonthreatening dog not on a leash or nuisance code or parking or snow removal is not on their list to enforce.
Though, even if OC had a police dept there is not much for them to do except to try to catch them in the act and a stakeout for a 3 am snowmobiler is a questionable use of police manpower in any dept.
Give me a call. I have some security cameras that maybe you could set up.
Eric J. Bowman 4 years, 4 months ago
arnonep,
What does it matter whether Cargo was drunk or not, used her turn signal or not, fled from an officer or not? None of those crimes carries a penalty of physical punishment, and it isn't the job of the Police to punish people for infractions, anyway. The issue we're left with here, is the Tasering of a suspect who was in effective custody at the time, which is not justifiable regardless of Cargo's actions. Leave punishment to the Courts.
arnonep 4 years, 4 months ago
Matt, Thanks for your interpretation of the tapes. If you are correct, then Cargo's response to the assault question is "no".
Eric, The officer obviously believed that the law was broken. Where the officer may have overstepped his bounds by entering the building, he did not punish Cargo. He was trained to seek out the ring leader in a hostile situation. It is my understanding that the officer was being assaulted and if tasering Cargo ended that alleged assault, then it was justified. It is my belief that if you flee the police, then the police should be allowed to use any and all options to end said chase as rapidly as possible, and once you flee you should loose all rights.
Scott Wedel 4 years, 4 months ago
amonep, The Supreme Court has decided otherwise. Only if the police are pursuing with probable cause for a crime that carries jail as a possible punishment can the officer enter the suspect's house without a search warrant.
In theory, the evading charge could have made it legal for Erik to enter Cargo's house. The trouble is that the evading is supposed to have occurred in one block without speeding (no charge of speeding was filed) and according to Erik's testimony to the DMV hearing officer with Cargo signaling right onto Grant and left into her driveway. The evading charge requires the charged had the intent to evade or escape and Erik's testimony showed that Cargo was going home and not trying to escape. So with no evading there was no probable cause of a crime that carried jail.
The officer may have had reasonable cause sufficient to pull over Cargo and perform a roadside sobriety test. That is not the same thing as probable cause.
There is no allegation that the officer was being assaulted when he taserd Cargo. There was never any allegation that Cargo had, in any way, assaulted the officer. The alleged assault happened at the door with others using the door to try to stop the officer from illegally entering the house. There is absolute no factual basis to assert that Cargo was a ringleader or that tasering her stopped him from being assaulted. In fact, it is also illegal to TASER or otherwise inflict pain on a third person in other to stop someone else from attacking you.
People die or are maimed from being tasered. The police do not get to taser someone just because it might make the officer's job a little bit easier.
Presumably, the officer should have stopped at the door, called in a request for a search warrant and loudly annouce that unless Cargo came out and took a roadside sobriety test that he would state that she refused to take the test and expect to have her licensed suspended.
While many hope all of the facts come out at trial and reveal all of the serious errors made at different levels (officer, chief, police commissioners) the smart money is that the insurance company won't spend their resources fighting from such a poor position and will instead settle and cancel the Town's insurance. And then the Town will not be able have their own police dept because the insurance will be unaffordbble.
oldskoolstmbt 4 years, 4 months ago
why did she run into her house????why is that not evading?? and...she was sitting down with both hands in the air WHILE talking on the phone? her voice on the recording doesn't sound to muffled....
upstream 4 years, 4 months ago
my point is not to suggest there are no legal grounds for Cargo's lawsuit against the town- clearly there are. my point is to suggest that having legal grounds for a lawsuit does not make it the RIGHT thing to do. we have all lost so much in this sue happy American culture (except the lawyers, of course). Cargo is not nearly so righteous as you would make her out to be Scott (yes, I have met her and have had many opportunities to be disillusioned by her rhetoric and reckless behavior)- but she is fortunate to have such a loyal advocate. (oh and, by the way, the blood alcohol level was publicly reported to be 0.102). And, Scott, those of us who make south routt home (you do not) have much to be proud of other than the fact that Cargo Rodeman lives here- I take pride in being among the many who do not frequent the bars, do not drive drunk, do not let our properties become over ridden with junk, do not choke the air with filthy non-permitted coal stokers, obey the law and strive daily to give our children health oriented role modelling. No amount of legal referencing will make me feel good about a Cargo pay off- as no amount of legal referencing made me feel good about the pay off to Eve Ege back when she sued the town for essentially the same reasons. That's my story, and, yes, I'm sticking to it.
Scott Wedel 4 years, 4 months ago
LTFO, You are a malicious liar. Apologize for your mistakes now or I will consider suing your for libel.
Your second "fact" is wrong.
In no way did I plead guilty to two counts. That is a malicious lie.
Two counts were dismissed.
Eileen and I agreed that I should take the box storage part of the box truck off and put it on the ground as I intended but did not get done before the snow fell. Eileen wondered how that agreement could be enforced because she is not sure that she or anyone will be working as an officer next summer. The judge said I could plead guilty to one count, of operating a junkyard, and he'd hold any sentence in abeyance until next May in order to verify that I did what I said.
Thus, it a lie to say that I pleaded guilty to "slumming"
The properties are owned by a partnership owned by my dad and myself. I own way too much to say that I am just the manager for my dad's properties.
Scott Wedel 4 years, 4 months ago
I think it is pretty clear that Cargo went inside to call the Sheriff's dept to get competent officers to protect her from an OC officer with a well established reputation for mistreating women that he pulled over. I don't know if he had mistreated anyone, but even before Cargo's arrest there was no shortage of women that he had offended including the fiancee of a deputy.
That is just yet another example of the officer's bad judgment. Someone inside is calling 911 to bring more police to be protected from the OC officer and instead of waiting outside until the officers requested by the 911 call arrive, the OC officer illegally enters the house and tasers her. How outrageous is that?
What OC should have learned from Eve's settlement is that having bad cops can be expensive. Instead of learning that and despite all of complaints of bad policing, the Town did nothing until something this obviously bad occurred.
Mayor J should receive a medal for trying to disband the police dept before something like this happened. Instead he got censured. And still no one that voted to keep the police has apologized for their mistake.
oldskoolstmbt 4 years, 3 months ago
i have lived here (south routt) for 17 years and have never been 'mistreated"....why? because I OBEY THE LAW!!! you go upstream!!!!!! and yes...i work in oak creek, yampa...i have kids that drive there as well...no 'mistreatment'.... +-200 kids in the school system in OC....we need police protection...over the top is better than nothing...maybe misbehaved women finally get the attention they deserve....
Scott Wedel 4 years, 3 months ago
And that is a clear of an appeal for fascism and thus you are apparently a fascist. Fascism includes the denial of an individual's constitutional legal rights and promotes the idea that the police should not be limited by any laws in their attempts to get the people they do not like.
The entire purpose of a constitution that guarantees the people's constitutional rights is to protect the rights of those that are not well liked. Over the top policing getting misbehaving women is exactly what needs to never happen again. It is simply not acceptable for a small town to have a police dept that is paying settlements every few years for violating people's constitutional rights.
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