District Attorney Will Furse fired back this week, claiming his decision to drop criminal charges didn’t result in a potential civil rights lawsuit against the sheriff’s office.
Last month, the Montezuma County Sheriff’s Office was presented with a $60,000 settlement demand in connection to alleged civil rights violations that followed a June 10, 2013, traffic stop. Last week, Sheriff Dennis Spruell told county commissioners the district attorney’s decision not to prosecute criminal charges in the case ultimately opened the door to the potential litigation. Furse dismissed the sheriff’s claims, addressing commissioners on Monday, March 3.
“As district attorney, I am duty-bound to seek and secure justice,” Furse told commissioners. “And as the elected prosecutor and chief law enforcement officer, it is my obligation to personally act as a fundamental check against those who threaten our natural rights and founding doctrine.”
In office the last 14 months, Furse said he opted to address commissioners, because Spruell’s previous comments were “irresponsible and inaccurate.”
“I respectfully submit the sheriff’s armchair assessment of my constitutionally minded discretion is flawed and represents a clear misunderstanding of legal process and the nature of checks and balances,” Furse told commissioners.
County Commissioner Steve Chappell described the public exchange between Spruell and Furse as a misunderstanding.
“To me, it didn’t seem the sheriff was putting blame on the district attorney,” Chappell said.
As a result of the traffic stop in question, Montezuma County Sgt. Adam Alcon arrested and charged Jami Larson, the driver of the vehicle, and her husband, Jonathan Boyd, a passenger, with multiple misdemeanors. Reports state Larson was wrestled to the ground, and Boyd was held at gunpoint. Furse continued during the public comments portion of Monday’s meeting, stating he would never sacrifice the principles of his oath as a means of “rubber-stamping the actions of a self-proclaimed, para-military organization.”
“The decision to dismiss the Boyd-Larson criminal allegation is one I stand behind, 100 percent,” Furse added.
As a result of the traffic stop, both Larson and Boyd were subjected to excessive force, false arrest and custodial mistreatment, according to the settlement demand.
Sheriff officials deny the alleged civil rights violations, and confirm that Alcon was never reprimanded.
“I’m extremely convinced this case is going nowhere,” Spruell told commissioners last month.
Not only do detailed accounts of the incident from husband and wife differ from those of responding law enforcement, but conflicting eyewitness statements have also been reported.
According to sheriff officials, dash cam footage of the traffic stop from Alcon’s patrol car does not exist.
tbaker@cortezjournal.com
