At some point in the last several years the local papers started reporting on a problem in our little corner of America where the animals greatly and vastly outnumber the humans. It seems that a black couple had moved into the area-not news, really, with a lot of military close by-an increasingly diverse population opting for the vastness of the great mountainous outdoors, and a very laid back and recreational loving community so typical of the mid-west.
So not unusual in and of itself-but almost immediately the couple began reportedly having troubles with their neighbors, people living around them and city officials, particularly the El Paso County Sheriff’s Department, the local power company-allegations of unlawfully tapping into local power through what we used to call “tactical jumpers,” and myriad allegations, problems and tension. And while subtle, tactical jumpers added to commercial power lines are somewhat of a sign-not a certainty-that you have some type of illicit growing ongoing, typically evidenced by ten-fold or greater electricity use consumed by growing lamps and the like. What am I talking about? Pot growers.
It seemed strange and odd that this couple-who settled in a very rural area of the county, reported consistent problems with their mostly white neighbors who-according to them as documented in police videos, complaint statements, videos from neighbors and passerby’s, legal paperwork servers-just about everybody they encountered-were accused of being white supremacists, Ku Klux Klan or worse-including sheriff and police personnel-who have been consistent targets of racial slurs and hate speech, one of them referred to on a police video tape that was being taken as a precaution against frivolous charges, as a “field Negro.”
Which may sound comical, but in this day and age this comment had to be explained to others: what does that even mean when said to somebody who is white or Hispanic or even black: who talks like that today?
This is a live and let live kind of area. You can fly your topic or issue du jour banner-Black Liberation Revival Movement, Stars and Bars, Grateful Dead Forever, Communist Russia or Chinese Flag, Trump, Don’t Tread On Me, nobody really cares.
But to hear this couple on myriad police videos, they had either found one of those mysterious hidey holes where such miscreants apparently congregate and gather for all 172 of them in America plotting to take over the country, or something else was going on.
Their main angst/effort seemed to be focused on their somewhat distant neighbor-a fellow rancher-living almost a mile and a half away, somewhat complicated by an easement shared in common that they charitably may simply not fully understand provides property and common services access-e.g., school bus, garbage pickup, etc.: but it is hard to be charitable at this point.
With the easement by now well understood based on several hundred calls and complaints, the entrance-while somewhat remote relative to their house-is adjacent to their neighbor’s house, and that is where things started getting interesting, ugly and eventually out of control.
For those unfamiliar with them, an easement is a right of way registered within the property deeds or grants that provide for free, unfettered and ready access to those impacted by the conditions associated with the need for such an easement. You often see them in Colorado to provide access to dog parks, horse or walking trails that wind through neighborhoods. In Arizona easements were often implemented to provide water drainage channels/canals for the late summer monsoon drainage “ruts.”
It would be odd-strange-worrisome to think at this point in the conflicts that the easement is not understood. Just as strange as putting up cameras this distant from one’s house focused directly on a neighbor’s house.
There have been a lot of misreports, mistruths and erroneous stories break on this matter, the most sensational of which was the lie that a ranch hand was killed on the property in a chicken coop-which the ranchers-who have single-handedly disrupted the peace in this rural, tranquil setting in record time-knowingly falsely spread to media outlets before any details came out, with the “spin” that this was “intended as a warning because they mistook a ranch hand for him,” when in actually the victim was killed nowhere near the ranch. Now that they have the suspect-and it’s not one of his neighbors at all-it is all the more puzzling that he would talk and spread such a silly rumor with no evidence.
Although thinner veracity stories have been used in the past-that they also seem to endorse/embrace/use, most famously-arguably-the basis of the lie that fostered the purchase of a mansion or two, “Hands up, don’t shoot,” has been told in pursuit of the same end state goal (fund raising.) They also-I guess inadvertently (hahaha)-as we are in the puzzling stages of guessing at motivations-alleged on various media outlets that the killer might have been one of the El Paso County Deputies who was-by coincidence-involved in myriad calls, complaints, and visits to this formerly quiet and little-known part of El Paso County.
Not to make a long story short, but more to the point of my story, after several years and hundreds of complaints, counter complaints, police and sheriff calls and court actions and appearances, arrests, counter arrests, including allegations that the person who is the target of these action’s mom-who suffers onset of dementia, moves only with a walker and is in her 80s-was reported to the police for violating a protection order and carrying a weapon-while apparently on her backyard porch.
There have been animal losses reported on both sides, including sheep who have been verified as poisoned by CSU vets.
In response to all the strife, it appears the El Paso County attorney’s office had the brilliant-but terrible idea-to bring the parties together to perform another popular, faddish idea in our modern society of a counseling type “mediation.” These have become bafflingly popular in the 21st century, particularly in government enterprises at all levels where managers have become scared of their own shadows whenever issues of race, gender, diversity, inclusion and equity are concerned.
Cowardice in government-our elected officials-is not limited to nor the province of the highest levels of government and in fact is much worse the lower you go with elected officials because you are often dealing with fairly new or inexperienced people, who are overwhelmed, untrained and ill-equipped to deal with such vitriolic issues.
The mediation failed because one of the parties has no interest in resolving or settling peacefully the issues that they started-have perpetuated over time-intend to continue-and have not yet been shown there is any cost or penalty to their campaign of hate, harassment, stalking and racism against their neighbors.
Far worse is that-apparently-as a condition for such mediation, El Paso County agreed to drop all charges-against both parties-in effect giving them a fresh start. And sealing the records. Which is tantamount to scrubbing the record clean unless some court action somewhere shows sufficient cause to petition to unseal to establish, demonstrate or prove a pattern of criminal misconduct relevant to some future charges of criminality.
We’ve seen this type of action end in tragedy many times in the 21st century. In Colorado alone there are many instances involving school kids and problem children and adults, including a recent tragedy where a 17-year-old had switched schools and had to be patted down before school by two school administration officials, because the genius legislators in Denver decided to cut funds for resource officers who would normally do such work: both were shot one morning, the student took off and was found dead shortly thereafter (suicide.) Why was he flagged for Pat Downs? The piece tells you (nothing): Denver officials did not say why the student was under the safety plan, citing federal student privacy laws. Where did he get the gun? Good question….
There was also the recent Q Club shooting, where the LGBTQ shooter had been arrested previously for threatening bodily harm to his parents or grandmother, while threatening to blow up the house-but apparently-when charges were not pressed by the family, the current local rules call for expunging from the public record and sealing it-much like has been done in this case.
Which seems like a ridiculous thing to allow (sealing) after an incident involving significant cost to taxpayers-calling the police, evacuating for a ten-house radius because of a bomb threat, etc., think Red Flag idjiotcy, background checks, firearms purchases.
Myriad cases have ended in tragedy through often misplaced sympathy for teens in school who are violent, dangerous, a threat to themselves, their schools and the communities in which they live. And yet those policies have frequently resulted in shootings like Parkland and Uvalde, where these dangerous, often sexually dysphoric and psychotic children do not get the help they need, nor are their records accessible to law enforcement or to agencies responsible for processing applications for things like firearms.
So here we are a few short months later, where the harassment has been stepped up and become even more aggressive, where the techniques have been bolstered by additional video cameras that are clearly being used to aid and abet monitoring for the purpose of taking actions to support subsequent allegations of violations of protection orders-which fail to take into account the easement that allows for access inside the limitations of the order by the neighbor simply stepping out and feeding her animals, or parents at bus stops.
The neighbor is now fighting back against ever increasing aggressive tactics to induce-and prove-protection violations. Which have been well summed up by sheriff and police personnel, who have observed that:
“Ms. XXXX has continued to send me multiple videos and photographs on my work phone. Ms. XXXX has installed her own camera system for her safety. One set of video shows that on Tuesday 10/25/22 Ms. XXXX mother goes out to do chores on her property. Within six minutes Nixxxx is seen driving by the XXXX property in the easement. Unusual behavior for a woman (Nixxxx) who is so afraid of the xxxx’s she has obtained restraining orders, but a frequent behavior.”
Of past disconcerting behavior, evidence that they are capable of violence and seem almost paranoid in dealing with those around them is plentiful. This was a Sheriff’s Deputy’s commentary relating to the concerns of the neighbor of fear for their safety:
One involved the discharge of a shotgun while a process server was attempting to serve paperwork to her (EPSO #21-3810 Felony Menacing.) The result of this incident was a conviction. Another involved Ms. Malxxxx assaulting a SWAT Deputy during a search warrant execution (EPSO #21-4406 Assault on a Peace Officer.) The result of this incident was a conviction. Another incident involved a menacing complaint involving a neighbor; a firearm was alleged to have been displayed. (EPSO #21-9652 Child Abuse.) This case is set for trial in January of 2023.
While not obvious, the last-mentioned incident above was a father who was taking or picking up their child to or from the bus stop in the public easement by their house. The “Ms.Malxxxx” has no children but has taken to loitering by the bus stop like a fisherman with bait to catch their prey in a proximity violation to them. The bus stop has now been moved to deconflict this situation, when it should be apparent to any thinking human being-including law enforcement and county attorneys, what the problem is here: and it’s not the bus stop. One of the above complaints on the mom relates to someone being in a car in the easement where they’ve maneuvered within range.
Where this ends up is anybody’s guess. Truth be known, many or most of such cases involving people who are recipients of some combination of stalking, harassment-legal, physical, psychological warfare-type tactics, end up with an escalation of events and incidents that culminate in violence: eventually somebody not willing to move away as an option-or give ground 1 more time-like someone who has lived there for 30 years without problem or incident-simply has enough and snaps.
The only recourse against this type of nonsensical, irrational, seemingly “high school-like” behavior is legal action in a court of law: and note-it’s been tried. And it takes time, money, patience, and more money.
Action has already begun to bring this problem back to the attention of El Paso County Sheriff and the court system, but it will be a rough road to travel, given their total cave-in on the charges to this point.
In point of fact, were the situations reversed-were the neighbor black that is the target of the racism allegations, and the aggressors-who have called all involved “white devils, KKK, “field negros,” to use opposite terms and to be white, this situation would have been dealt with early-on in this process.
Can minorities-blacks-be racist? Not according to some. But if you listen to the El Paso County Sheriff videos, you will be stunned at the racist, vulgar, disrespectful, atrocious potty mouth comments being thrown at them, non-stop. In actuality, this link now leads to nothing because these videos-that formerly detailed all the bad talk, misbehavior and shameful treatment of our law enforcement officials-have been removed based on the agreement to forego all charges to do a mediation.
Lacking access to these videos, the press opportunity conducted by El Paso County is posted and this interview has a lot of good information, but is long. Some of the lowlights include the shooting of a shotgun to scare a process server at around 13 minutes, some terrible acting by a person feigning being hurt around the 34 minute mark-which you will be forgiven if in watching you think there is a wild animal hurt nearby-the murder accusations against a deputy are discussed-anyway, its long and shows more than enough evidence to indicate the type of people the Sheriff’s Department is dealing with here.
I don’t expect many readers to watch the above video, but suffice to say that if you do, you will come away with the same feeling of outrage you had on 5 July 2016 when FBI Director Comey finished his HRC email server announcement that was made to enable Obama to join HRC on the campaign trail.
After watching the above, it appears authorities in this case totally caved to avoid racial animus that was all on one side. But why do I say this will be a tough fight? Well-to accomplish the mediation, “they” agreed to drop all charges-comically, against both sides-which includes the potential threatening with a weapons charge against the 83-year-old, dementia challenged, walker limited mother of the gal being harassed. It is not clear at this point whether the charges against them-for instance, brandishing a weapon against the father at the bus stop-has been dropped.
Further, in response to recent charges brought in light of continuing harassment, stalking, and egregious behavior, this was the El Paso County response:
1.DDA (Deputy District Attorney) Hostetter was previously involved in the prosecution of Petitioner and Respondent for various crimes each alleged against the other. In early May 2023, after a failed mediation, DDA Hostetter moved to dismiss the charges against all parties. The court granted that motion, and all cases were sealed pursuant to C.R.S. § 24-72-703.
2. On June 15, 2023, DDA Hostetter received a subpoena to testify in the present case, on behalf of Respondent, at a hearing scheduled before this Court on June 20, 2023. Page 2 of 4
3. Pursuant to C.R.S. § 24-72-703(2)(b), DDA Hostetter is prohibited from making any comments regarding the sealed criminal cases of either Petitioner or Respondent. Absent a court order authorizing the release of sealed information, no criminal justice agency may provide comment other than to say that no public criminal record exists (emphasis added.) Accordingly, DDA Hostetter requests this Court limit questioning by the parties such that his testimony remains consistent with C.R.S. § 24-72-703.
4. Furthermore, C.R.S. § 13-22-307(2) states that no party or mediator shall “voluntarily disclose or through discovery or compulsory process be required to disclose any information concerning any mediation communication or any communication provided in confidence to the mediator or a mediation organization.”
5. As such, DDA Hostetter respectfully requests this Court limit any questioning that involves confidential communication relating to the mediation of the parties’ criminal cases.
The above is what our justice system has degraded to in cases such as this-where the guilty party is on police, neighborhood, and process-server video, there are recent convictions involving weapons, threats, and dangerous behavior, lies have been told to media that have helped with funding drives to protect them from “racism in Colorado,” the law enforcement and legal system are not only well aware of-but also sick to death of-wasting time and manhours on these apparent habitual criminals, but now this gal and her neighbors are going to have to start from scratch in this process as if nothing has ever happened.
But only if they have the time and money to go through the process of unsealing the record, petitioning to get them allowed in the courts, forcing the DDA to disclose why he let these criminals off the hook pursuing a mediation they had to know would have zero chance of success based on all the documented interactions that evidence a lack of respect for law enforcement and a deranged sense of civil behavior, and-in effect-telling the neighbors who are the targets of this bizarre and overtly racist behavior and these actions-who truly have abundant evidence and demonstrated reasons based on previous behavior and actions-that they and their families are not and don’t feel safe-which may result in very real escalation as their only recourse-that they are on their own.
I’ve tried to be a little clever here to protect some of the names, addresses and individuals, but here is a link that tells the story in a much more concise format and also tells how you can help right this outrageous and egregious action taking place on the high plains of Colorado.
Fundraiser by Tedye Carlson : Urgent Legal Defense Fund Seeking Justice (gofundme.com)
More to follow as this story plays out. Hopefully justice will prevail here and the true racists in this story will be dealt with properly through the justice system (but I doubt it.)
Late breaking updates: An important note is that the person I described as the distant neighbor who shares the easement is legally disabled as a result of recent tumor issues-her recovery is not helped by this madness.
Also-the case involving the bus stop and brandishing a weapon was also dropped as part of the ill-advised mediation attempt. Which reinforces my point about how the county has greatly exacerbated and increased the potential for something bad to happen.
21 June 2023
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